“advocate and solicitor”, “advocate” and “solicitor” mean an advocate and solicitor of the Supreme Court;

“Board of Legal Education” means the Board of Legal Education established under section 3 in force immediately before the date of commencement of section 3(a) of the Legal Profession (Amendment) Act 2011;

“client” includes —

(a)

in relation to contentious business, any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor’s, a law corporation’s or a limited liability law partnership’s costs; and

(b)

in relation to non-contentious business —

(i)

any person who, as a principal or on behalf of another, or as a trustee, an executor or an administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs or is about to retain or employ, a solicitor, a law corporation or a limited liability law partnership; and

(ii)

any person for the time being liable to pay a solicitor, a law corporation or a limited liability law partnership for his or its services any costs;

“constituent foreign law practice”, in relation to a Joint Law Venture, means the foreign law practice which constitutes part of the Joint Law Venture;

“constituent Singapore law practice”, in relation to a Joint Law Venture, means the Singapore law practice which constitutes part of the Joint Law Venture;

“contentious business” means business done in or for the purposes of proceedings begun before a court of justice or before an arbitrator;

“Council” means the Council of the Society established under section 47;

“court” means the High Court or a Judge when sitting in open court;

“Disciplinary Tribunal” means a Disciplinary Tribunal appointed by the Chief Justice under section 90(1);

“foreign law” means the law of any state or territory other than Singapore, and includes international law;

“foreign law practice” means a law practice (including a sole proprietorship, a partnership or a body corporate, whether with or without limited liability) providing legal services in any foreign law in Singapore or elsewhere, but does not include a Singapore law practice;

“foreign lawyer” means an individual who is duly authorised or registered to practise law in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory;

“foreign practitioner certificate” means a certificate issued by the Attorney-General in respect of the registration of a foreign lawyer under section 130I;

“Institute” means the Singapore Institute of Legal Education established under section 3;

“Joint Law Venture” means a Joint Law Venture licensed under section 130B;

“Judge” means a Judge of the High Court sitting in chambers;

“law corporation” means a company approved as a law corporation under section 81B;

“lay person”, in relation to the Inquiry Panel or an Inquiry Committee, means an architect, an accountant, a banker, a company director, an insurer, a professional engineer, a medical practitioner or any other person (not being an advocate and solicitor or a Legal Service Officer) who meets such criteria as may be approved by the Chief Justice and the Attorney-General;

“Legal Service Officer” means an officer in the Singapore Legal Service;

“licensed foreign law practice” means a foreign law practice licensed under section 130E;

“limited liability law partnership” means a limited liability partnership approved as a limited liability law partnership under section 81Q;

“locum solicitor” means an advocate and solicitor engaged (whether concurrently or otherwise) on a temporary or freelance basis by one or more law firms, law corporations, limited liability law partnerships or solicitors practising on their own account;

“practice trainee” means a qualified person who is serving his practice training period;

“practice training contract” means a formal training arrangement between a qualified person and a Singapore law practice, pursuant to which the qualified person receives, and the Singapore law practice provides, supervised training in relation to the practice of Singapore law;

“practice training period” means the period during which a qualified person is required to receive supervised training in relation to the practice of Singapore law before he can be admitted as an advocate and solicitor;

“practise Singapore law” means doing work, or transacting business, in relation to the laws of Singapore, being work or business of a kind that is the right or privilege of an advocate and solicitor under Part IV;

“practising certificate” means a certificate issued by the Registrar under section 25;

“qualified person” means any person who —

(a)

possesses such qualifications as the Minister may prescribe under subsection (2), or may deem under section 14(2) or (3) to be so prescribed, and satisfies such requirements as the Minister may prescribe under subsection (2);

(b)

was approved by the Board of Legal Education as a qualified person under section 7 in force immediately before 9th October 2009; or

(c)

is approved by the Minister as a qualified person under section 15A(1) in force immediately before the date of commencement of section 3(e) of the Legal Profession (Amendment) Act 2011 or under section 14(1);

“Qualifying Foreign Law Practice” means a foreign law practice licensed under section 130D;

“register of practitioners” means the annual register kept by the Registrar under section 27;

“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and an Assistant Registrar;

“relevant legal officer” means —

(a)

a Legal Service Officer; or

(b)

a legal officer of such statutory body or law office in the public service as the Minister may prescribe by rules published in the Gazette;

“Society” means the Law Society of Singapore established under section 37;

“trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incident to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative.

(2) For the purposes of the definition of “qualified person” in subsection (1), the Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe the qualifications, education and training for, and any other requirements that must be satisfied by, persons seeking to be qualified persons under this Act.

(3) Without prejudice to the generality of subsection (2), rules made thereunder may —

(a)

prescribe the institutions of higher learning, and the courses provided and qualifications conferred thereby, which may be recognised for the purposes of this Act, and may include provisions for the review by the Institute of the syllabus and contents of such courses and examinations leading to such qualifications;

[8/2011 wef 03/05/2011]

(b)

specify the minimum standard of attainment, including the class of honours, to be achieved by persons who possess any of the prescribed qualifications;

(c)

prescribe such courses, tests or examinations to be undergone by persons who possess any of the prescribed qualifications;

(d)

provide for the exemption of any person or classes of persons from any of the provisions thereof by the Minister or by the Institute; and

[8/2011 wef 03/05/2011]

(e)

include such incidental, supplementary or transitional provisions as may be necessary or expedient.

[41/93; 20/2007]

(4) References to an employee of a solicitor or law firm or law corporation or limited liability law partnership shall be construed to include a locum solicitor engaged by the solicitor or law firm or law corporation or limited liability law partnership, as the case may be, and references to being employed by a solicitor or law firm or law corporation or limited liability law partnership shall be construed accordingly, in the following provisions:

—(1) There shall be established a body to be called the Singapore Institute of Legal Education.

(2) The Institute shall be a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act —

(a)

to sue and be sued in its corporate name;

(b)

to acquire and dispose of property, both movable and immovable; and

(c)

to do and perform such other acts as bodies corporate may by law perform.

Functions and powers of Institute

4.

—(1) The functions of the Institute shall be as follows:

(a)

to maintain and improve the standards of legal education in Singapore and, in particular, to make recommendations to the appropriate authorities on the training and education required for the qualification of persons as qualified persons, and to review the implementation of initiatives, programmes and curricula relating to legal education in Singapore, including diploma, undergraduate and postgraduate programmes, and continuing professional development;

(b)

to register qualified persons seeking admission as advocates and solicitors;

(c)

to provide for the training, education and examination, by the Institute or by any other body, of —

(i)

qualified persons intending to practise the profession of law in Singapore; and

(ii)

foreign lawyers intending to be registered by the Attorney-General under section 130I;

(d)

to exercise supervision over practice trainees during their practice training periods;

(e)

to exercise supervision over Singapore law practices and relevant legal officers as regards the supervised training in relation to the practice of Singapore law that is to be provided to a practice trainee during the practice training period;

(f)

to certify whether any degree conferred by any institution of higher learning in or outside Singapore is a qualification prescribed by any rules made under section 2(2);

(g)

to grant prizes and scholarships, and to establish and subsidise lectureships in educational institutions, in subjects of study relating to law;

(h)

to determine the requirements relating to continuing professional development that must be satisfied by —

(i)

advocates and solicitors; and

(ii)

foreign lawyers registered by the Attorney-General under section 130I;

(i)

to coordinate and exercise supervision over continuing professional development for the legal profession in Singapore, including the provision of courses and materials relating to continuing professional development; and

(j)

to facilitate the development of Singapore as an international centre for legal education.

(2) In addition to the powers conferred by the other provisions of this Act, the Institute may —

(a)

purchase or lease any land or building required for any of the purposes of the Institute;

(b)

sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;

(c)

receive grants from the Government or donations and gifts from the Academy, the Society or any other source;

(d)

borrow money, whether by way of bank overdraft or otherwise, for such of the purposes of the Institute as it may from time to time consider desirable;

(e)

invest the moneys and funds of the Institute in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1);

(f)

engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment;

(g)

exercise such powers as may be conferred upon the Institute by this Act or any other written law; and

(h)

do all things that are necessary, incidental or conducive to carry into effect the functions of the Institute.

Board of Directors of Institute

5.

—(1) The management of the affairs of the Institute and its property shall be vested in a Board of Directors.

(2) The Board of Directors of the Institute may perform all such functions, and exercise all such powers, of the Institute as the Board thinks fit.

(3) The Board of Directors of the Institute shall consist of the following members:

(a)

the Attorney-General;

(b)

the President of the Society;

(c)

the Dean of the Faculty of Law of the National University of Singapore;

(d)

the Dean of the School of Law of the Singapore Management University; and

(e)

not less than 8 and not more than 12 other members, all of whom shall be appointed by the President of the Academy, after consulting the Senate, for such period and on such terms and conditions as the President of the Academy may determine.

(4) The President of the Academy shall, after consulting the Senate, appoint the Chairman of the Institute, from the members of the Board of Directors of the Institute, for such period and on such terms and conditions as the President of the Academy may determine.

(5) The Senate may, after consulting the Board of Directors of the Institute, give such directions, not inconsistent with the provisions of this Act, to the Institute as to the performance of the Institute’s functions and the exercise of the Institute’s powers.

(6) The Institute shall give effect to every direction of the Senate under subsection (5).

Appointment of Dean of Institute, officers and employees

6.

—(1) The Board of Directors of the Institute shall, after consulting the President of the Academy, appoint a Dean of the Institute on such terms and conditions as the Board may determine.

(2) The Dean of the Institute —

(a)

shall be responsible to the Board of Directors of the Institute for the proper administration and management of the functions and affairs of the Institute in accordance with the policy laid down by the Board; and

(b)

shall not be removed from office without the consent of the President of the Academy.

(3) The Institute may, from time to time, appoint and employ, on such terms and conditions as the Board of Directors of the Institute may determine, such other officers and employees as may be necessary for the effective performance of the Institute’s functions under this Act or any other written law.

Appointment of committees and delegation

7.

—(1) The Board of Directors of the Institute may appoint, from among the members of the Board or from other persons, such number of committees as the Board thinks fit for purposes which, in the opinion of the Board, would be more expediently carried out or managed by means of such committees.

(2) The Board of Directors of the Institute may, subject to such conditions or restrictions as the Board thinks fit, delegate any function or power that may be performed or exercised by the Board under this Act or any other written law, except the power of delegation conferred by this section and the power to make subsidiary legislation, to —

(a)

the Chairman of the Institute or any other member of the Board;

(b)

the Dean of the Institute, or any other officer or employee of the Institute; or

(3) Any function or power delegated under subsection (2) to any person or committee may be performed or exercised by that person or committee in the name and on behalf of the Institute.

(4) No delegation under this section shall prevent the performance or exercise of any function or power by the Board of Directors of the Institute.

Meetings of Board of Directors of Institute

8.

—(1) The Board of Directors of the Institute may meet at such times and places as the Board, or the Chairman of the Institute, may determine.

(2) A member of the Board of Directors of the Institute may participate in a meeting of the Board through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Board may determine.

(3) A member of the Board of Directors of the Institute who participates in a meeting of the Board in accordance with subsection (2) shall be deemed to be present at the meeting.

(4) A majority of the members of the Board of Directors of the Institute shall constitute a quorum for any meeting of the Board.

(5) All questions arising at any meeting of the Board of Directors of the Institute shall be decided by a majority of the votes of the members present.

(6) At any meeting of the Board of Directors of the Institute, the Chairman of the Institute shall have a deliberative vote and shall, in the event of an equality of votes, have a casting vote.

(7) The Board of Directors of the Institute may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings thereat and the keeping of minutes and the custody, production and inspection of those minutes.

(8) The validity of the proceedings of the Board of Directors of the Institute shall not be affected by any vacancy amongst its members or by any irregularity in the appointment of any member.

Passing of resolution of Board of Directors of Institute by written means

9.

—(1) Notwithstanding section 8, the Board of Directors of the Institute may pass any resolution of the Board by written means.

(2) A resolution of the Board of Directors of the Institute is passed by written means if it has been formally agreed, in such manner as the Board may determine, on any date by a majority of the members of the Board.

(3) Any reference in this Act or any other law to a decision of the Board of Directors of the Institute includes a reference to a resolution of the Board passed by written means.

(4) Any reference in this Act or any other law to the doing of anything by the Board of Directors of the Institute includes a reference to the passing of a resolution of the Board by written means which authorises the doing of that thing.

Rules relating to legal education, continuing professional development and admission of advocates and solicitors

10.

—(1) Subject to the provisions of this Part, Part IIA and section 25(1)(ca), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules for giving effect to this Part, Part IIA and section 25(1)(ca).

(2) Without prejudice to the generality of subsection (1), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules —

(a)

with respect to the supervised training in relation to the practice of Singapore law which a practice trainee must receive before he can be admitted as an advocate and solicitor;

(b)

to prescribe the duration of the practice training period applicable to a practice trainee (including different durations for different classes of practice trainees), and to regulate the manner in which a practice trainee is to serve his practice training period;

(c)

to prescribe the courses of instruction, and the subjects therein, which a qualified person must attend and satisfactorily complete before he can be admitted as an advocate and solicitor, and to regulate the conduct of a qualified person while attending such a course (including through disciplinary measures for any misconduct);

(d)

to prescribe the examinations which a qualified person must pass before he can be admitted as an advocate and solicitor, and to regulate the conduct of a qualified person during such an examination (including through disciplinary measures for any misconduct);

(e)

to provide for the courses of instruction, and the subjects therein, which a foreign lawyer must attend and satisfactorily complete before he can be registered by the Attorney-General under section 130I, and to regulate the conduct of a foreign lawyer while attending such a course (including through disciplinary measures for any misconduct);

(f)

to provide for the examinations which a foreign lawyer must pass before he can be registered by the Attorney-General under section 130I, and to regulate the conduct of a foreign lawyer during such an examination (including through disciplinary measures for any misconduct);

(g)

to prescribe the procedure by which a qualified person is admitted as an advocate and solicitor of the Supreme Court;

(h)

to prescribe the forms to be used and the fees to be paid for the purposes of this Part, Part IIA, section 25(1)(ca) and any rules made under this section;

to prescribe the requirements relating to continuing professional development that must be satisfied by advocates and solicitors and by foreign lawyers registered by the Attorney-General under section 130I (including different requirements for different classes thereof), and the measures which may be taken to verify whether those requirements have been complied with and to enforce compliance with those requirements; and

(j)

to provide for the waiver of any requirement referred to in paragraph (i), in relation to any advocate and solicitor or foreign lawyer referred to in that paragraph, by such person or persons as the Board of Directors of the Institute may appoint.

(3) Disciplinary proceedings may be taken against any advocate and solicitor, or foreign lawyer registered by the Attorney-General under section 130I, who contravenes any rules made under this section.

10A. No liability shall be incurred by the Board of Directors of the Institute, the Chairman of the Institute or any other member of the Board, the Dean of the Institute, or any other officer or employee of the Institute, any committee appointed under section 7(1) or any member of any such committee, or any other person acting under the direction of the Institute, as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the execution or purported execution of the Institute’s functions under this Act or any other written law.

Dissolution of Board of Legal Education and transfer to Institute of property, existing contracts, etc.

11.

—(1) As from the relevant date, the Board of Legal Education shall be dissolved, and all movable and immovable property vested in the Board of Legal Education and all assets, interests, rights, privileges, liabilities and obligations of the Board of Legal Education shall be transferred to and shall vest in the Institute without further assurance, act or deed.

(2) Without prejudice to subsection (8), all proceedings in respect of the transferred property, assets, interests, rights, privileges, liabilities and obligations by or against the Board of Legal Education which are pending on the relevant date may be continued, completed and enforced by or against the Institute.

(3) Every agreement relating to any of the transferred property, assets, interests, rights, privileges, liabilities and obligations to which the Board of Legal Education was a party immediately before the relevant date, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if —

(a)

the Institute had been a party to the agreement; and

(b)

for every reference to the Board of Legal Education, there was substituted, in respect of anything to be done on or after the relevant date, a reference to the Institute.

(4) All contracts, agreements, conveyances, deeds, leases, guarantees, bonds, indemnities, instruments, undertakings, schemes and arrangements subsisting immediately before the relevant date to which the Board of Legal Education is a party shall continue in force on and after that date and shall be enforceable by or against the Institute as if the Institute had been named therein or had been a party thereto instead of the Board of Legal Education.

(5) As from the relevant date, all persons who, immediately before that date, were employed by the Board of Legal Education shall be transferred to the service of the Institute on terms no less favourable than those enjoyed by them immediately prior to their transfer.

(6) Where, on the relevant date, any disciplinary proceedings were pending against any employee of the Board of Legal Education transferred to the service of the Institute, the proceedings shall be carried on and completed by the Institute.

(7) The Institute may reprimand, reduce in rank, retire, dismiss or punish in some other manner any transferred employee who had, whilst he was in the employment of the Board of Legal Education, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the Board of Legal Education.

(8) Without prejudice to subsection (2), all proceedings or causes of action pending or existing immediately before the relevant date by or against the Board of Legal Education may be continued, completed and enforced by or against the Institute.

(9) As from the relevant date, the Institute may issue any certificate or other document which could have been issued by the Board of Legal Education.

(10) The operation of this section shall not be regarded —

(a)

as a breach of contract or confidence or otherwise as a civil wrong;

(b)

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or

(c)

as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability.

(11) The operation of this section shall not be regarded as an event of default under any contract or other legal instrument.

(12) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, asset, interest, right, privilege, liability or obligation transferred to the Institute under this section shall be deemed by this section to have been waived.

(13) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre-emption rights in respect of any property, asset, interest, right, privilege, liability or obligation to be transferred by reason of or arising from, or to the effect that a default shall occur or be deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this section shall be deemed by this section to have been waived.

(14) No attornment to the Institute by a lessee from the Board of Legal Education shall be required.

(15) In this section, “relevant date” means the date of commencement of section 4 of the Legal Profession (Amendment) Act 2011.

PART IIA

ADMISSION OF ADVOCATES AND SOLICITORS

Admission as advocate and solicitor of Supreme Court

12.

—(1) Subject to the provisions of this Act (including any rules made under this section or section 2(2), 10 or 14), the court may, in its discretion, admit any qualified person as an advocate and solicitor of the Supreme Court.

(2) Any qualified person who applies to be admitted under this section shall —

(a)

do so in accordance with, and comply with all applicable requirements of, any rules made under section10(2)(g); and

(b)

if he belongs to such class of qualified persons as the Minister may prescribe under subsection (6), do so within such time as the Minister may prescribe under that subsection.

(3) The court shall not admit under this section any qualified person who is required, but fails, to comply with subsection (2)(b).

(4) The Attorney-General, the Society and the Institute shall be entitled to object to any application under subsection (2).

(5) Any other person who has filed and served a notice of objection in relation to an application under subsection (2), in accordance with any rules made under section 10(2)(g), shall be entitled to object to that application.

(6) The Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe —

in respect of each such class of qualified persons, the time within which a qualified person belonging to that class shall make his application under subsection (2).

Requirements for admission

13.

—(1) Subject to any rules made under section 14, no qualified person shall be admitted as an advocate and solicitor unless he —

(a)

has attained the age of 21 years;

(b)

is of good character;

(c)

has satisfactorily served the practice training period applicable to him;

(d)

has attended and satisfactorily completed such courses of instruction as the Board of Directors of the Institute may prescribe under section 10; and

(e)

has passed such examinations as the Board of Directors of the Institute may prescribe under section10.

(2) No person who is a qualified person by reason of his having passed the final examination for a law degree in any institution of higher learning pursuant to any rules made under section 2(2) shall be admitted as an advocate and solicitor before the law degree is conferred upon him.

Powers of Minister in relation to admission requirements

14.

—(1) Upon an application made to the Minister by any person who is not otherwise entitled to be a qualified person, the Minister may, in his discretion, if he is of the opinion that the person possesses such qualification or expertise as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore —

(a)

approve the person as a qualified person for the purposes of this Act, subject to such conditions as the Minister may think fit to impose; and

(b)

issue to the person a notice in writing to that effect.

(2) Where any qualification conferred by an institution of higher learning is a qualification prescribed under section 2(2), and an application is made to the Minister by any person who possesses any equivalent qualification conferred by that institution of higher learning, the Minister may, after consulting the Board of Directors of the Institute —

(a)

deem that equivalent qualification to be the prescribed qualification, subject to such conditions as the Minister may think fit to impose; and

(b)

issue to that person a notice in writing to that effect.

(3) Upon an application made to the Minister by any person who possesses any qualification that is recognised, by a foreign authority having the function conferred by-law of authorising or registering persons to practise law in a state or territory other than Singapore, as a qualification required for eligibility to practise law in that state or territory, the Minister may, after consulting the Board of Directors of the Institute and if the Minister is of the opinion that the person’s qualification is equivalent to any qualification prescribed under section 2(2) —

(a)

deem the person’s qualification to be a qualification that is so prescribed, subject to such conditions as the Minister may think fit to impose; and

(b)

issue to the person a notice in writing to that effect.

(4) The Minister may, after consulting the Board of Directors of the Institute, make rules (referred to in this subsection as the relevant rules) for —

(a)

the exemption of any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in the relevant rules from all or any, and from the whole or any part of any, of the requirements under section 13(1)(c), (d) and (e) and any rules made under section 10(2)(a), (b), (c) and (d); and

(b)

the abridgment of the practice training period applicable to any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in the relevant rules.

(5) Without prejudice to subsection (4), upon an application made to the Minister by any qualified person, the Minister may, in his discretion, exempt the qualified person from all or any, and from the whole or any part of any, of the requirements under section 13(1)(c), (d) and (e) and any rules made under section 10(2)(a), (b), (c) and (d), or abridge the practice training period applicable to a qualified person, if the Minister is of the opinion that the qualified person is, by reason of his standing and experience or for any other cause, a fit and proper person to be so exempted or to have his practice training period abridged, as the case may be.

(6) An exemption or abridgment granted to a person under subsection (5) —

(a)

may be subject to such conditions as the Minister may think fit to impose by notice in writing to the person;

(b)

shall be notified in writing to the person; and

(c)

need not be published in the Gazette.

(7) The Minister may, after consulting the Board of Directors of the Institute, make rules to provide for —

(2) The court shall not admit a person under this section in any case involving any area of legal practice prescribed under section 10 for the purposes of this subsection, unless the court is satisfied that there is a special reason to do so.

(3) Any person who applies to be admitted under this section shall do so by originating summons supported by an affidavit of the applicant, or of the advocate and solicitor instructing him, stating the names of the parties and brief particulars of the case in which the applicant intends to appear.

(4) The originating summons and affidavit or affidavits shall be served on the Attorney-General, the Society and the other party or parties to the case.

(5) At the time of the service, the applicant shall pay the prescribed fee to the Attorney-General and the Society for their costs incurred in the application.

(6) Before admitting a person under this section, the court shall have regard to the views of each of the persons served with the application.

(6A) The Chief Justice may, after consulting the Judges of the Supreme Court, by notification published in the Gazette, specify the matters that the court may consider when deciding whether to admit a person under this section.

(7) The Registrar shall, on payment of the fee prescribed under section 135 for the purposes of this subsection, issue to every person admitted under this section a certificate to practise specifying in it the case in which the person is permitted to appear.

(8) Any person to whom a certificate to practise has been issued under subsection (7) shall, for the purpose of his employment in that case, be deemed to be a person to whom a practising certificate has been issued under section 25.

(9) The Registrar shall not enter the names of persons admitted under this section upon the roll of advocates and solicitors but shall keep a separate roll for persons admitted under this section.

(10) In this section, “case” includes any interlocutory or appeal proceedings connected with a case.

Roll of advocates and solicitors

16.

—(1) The Registrar shall maintain a roll of advocates and solicitors with the dates of their respective admissions.

(2) The name, with the date of admission, of every person admitted shall be entered upon the roll in order of admission.

(3) Every person admitted as an advocate and solicitor shall pay the fee prescribed under section 135 for the purposes of this subsection, and the Registrar shall deliver to him an instrument of admission signed by the Chief Justice or the Judge who admitted the applicant.

(4) If, at any time after the admission of any person as an advocate and solicitor, it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by the person contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the person shall be struck off the roll.

(5) This section shall not apply to persons admitted under section 15.

Extension or abridgment of time

17. Without prejudice to the generality of section 18(2) of, and item 7 of the First Schedule to, the Supreme Court of Judicature Act (Cap. 322), the court may, at any time and on such terms as it thinks just, by order extend or abridge the time prescribed for any thing under any rules made under section 10(2)(g).

[Sections 18 to 24 repealed by Act 8 of 2011 wef 3 May 2011]

PART III

PRACTISING CERTIFICATES

Practising certificates

25.

—(1) Every solicitor shall, in every year before he does any act in the capacity of an advocate and solicitor, deliver or cause to be delivered to the Registrar an application for a practising certificate in such form and manner as the Registrar may require, the application to be accompanied by —

(a)

a declaration in writing stating —

(i)

his full name;

(ii)

in a case where he is practising or intends to practise in a Singapore law practice, the name of the Singapore law practice in which he is or will be practising;

(iii)

in a case where he is registered by the Attorney-General under section 130N to practise Singapore law, and is practising or intends to practise Singapore law, in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, the name of each Joint Law Venture and foreign law practice in which he is or will be practising;

[8/2011 wef 03/05/2011]

(iv)

the principal address, and every other address in Singapore, of each Singapore law practice, Joint Law Venture and foreign law practice in which he will be practising;

(v)

that he is not disqualified under section 26(1) from applying for a practising certificate; and

(vi)

in a case where he is applying for a practising certificate to practise as a locum solicitor, that he is not disqualified under section 26(1A) from applying for such a practising certificate;

(b)

a certificate from the Council or such other evidence as the Registrar may require that —

(i)

he is not in arrears in respect of any contribution to the Compensation Fund, subscription or levy lawfully due to the Society under the provisions of this Act;

(ii)

he has paid all the contributions and subscriptions payable prior to the issue of a practising certificate pursuant to sections 46 and 75;

(iii)

he has complied with or is exempt from the rules relating to professional indemnity made under section 75A;

[8/2011 wef 03/05/2011]

(iv)

if he has been ordered by the Council to pay any penalty under Part VII, he has paid the penalty; and

(v)

if he has been ordered by any court of law in Singapore or elsewhere to pay any sum to the Council or the Society, he has paid the sum;

such accountant’s report as may be required under section 73 or a certificate from the Council stating that owing to the circumstances of his case such a report is unnecessary; and

(e)

the prescribed fee.

[10/91; 40/96; 4/2000; 41/2005; 19/2008]

(2) The Registrar shall, subject to sections 25A and 25B, thereupon issue to the solicitor a practising certificate authorising him to practise as an advocate and solicitor in Singapore.

[40/96]

(2A) A practising certificate issued under subsection (2) shall not authorise a solicitor to practise as a locum solicitor unless the practising certificate was issued pursuant to an application by the solicitor in accordance with any rules made under this section relating to practising certificates to practise as a locum solicitor.

[23/2004]

(3) Every practising certificate shall be signed or approved by the Registrar and shall, subject to sections 26(9) and 27B, be in force from the date of issue to the end of the year.

[40/96; 4/2000]

(4) Where the name of a solicitor is removed from or struck off the roll, the practising certificate, if any, of that solicitor for the time being in force shall expire immediately and the date of the expiry shall be entered by the Registrar in the register of practitioners.

(5) Every practising certificate issued in the month of April shall be deemed to have been in force from the first day of that month.

(6) In this section, “year” means the period from 1st April in any calendar year to 31st March in the next calendar year.

(7) Subject to the provisions of this Act, the Council may make rules regulating the issue of practising certificates, including (in relation to practising certificates to practise as locum solicitors) rules specifying all or any of the following:

(a)

any modification to subsection (1), including any provision requiring a solicitor applying for such a practising certificate to give any undertaking relating to his practice;

(b)

any condition that shall apply to such a practising certificate, including conditions relating to the handling of client’s money by the solicitor and the supervision of the solicitor;

(c)

any training that the solicitor must complete for the purposes of section 26(1A)(b) and the time within which such training must be completed.

[23/2004]

(8) Rules made by the Council under this section shall be signed by the President of the Society and submitted to the Chief Justice and shall come into operation upon the Chief Justice signifying his approval.

Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances

25A.

—(1) This section shall apply to any solicitor —

(a)

whose suspension from practice has expired;

(b)

who has been discharged from bankruptcy;

(c)

who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;

(d)

who has been convicted of an offence involving dishonesty or fraud;

(e)

who has been convicted of an offence in relation to his conduct in his practice of law;

(f)

who has been found guilty of misconduct in any other professional capacity;

(fa)

whose fitness to practise has been determined under section 25C to be impaired by reason of his physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so;

(g)

whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to his practice; or

(h)

whom the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72 or any of the rules made under section 73D of the Conveyancing and Law of Property Act (Cap. 61).

(2) Subject to subsection (2A), where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —

(a)

to refuse the application for a practising certificate; or

(b)

to issue a practising certificate to the solicitor subject to such conditions as the Attorney-General or the Council may specify,

and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.

[40/96; 19/2008]

(2A) The Council shall not be entitled to make a request under subsection (2) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —

(a)

is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; and

(b)

undertakes not to practise in any Singapore law practice while his practising certificate is in force.

conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney-General or the Council, be conducive to his carrying on an efficient practice as a solicitor; and

(b)

conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.

[40/96]

(4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in subsection (1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney-General or the Council, as the case may be, of the change or good cause.

[40/96; 19/2008]

(5) The Attorney-General or the Council, as the case may be, shall, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar —

(a)

to grant the application for a practising certificate; or

(b)

to remove any condition imposed on the practising certificate under subsection (2)(b),

and the Registrar may comply with the request and notify the solicitor in writing.

[40/96]

(6) Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney-General or the Council is unaware at the time the certificate is issued, this section shall not thereafter apply in relation to that solicitor by reason of those circumstances.

[40/96]

(7) The Registrar shall not refuse an application by a solicitor for a practising certificate where —

(a)

this section applies to the solicitor by reason only of any such circumstances as are mentioned in subsection (1)(a) or (b); or

(b)

disciplinary proceedings against the solicitor under Part VII or section 130R by reason of any such circumstances as are mentioned in subsection (1) have been disposed of.

[40/96; 19/2008]

Appeals in connection with issue of practising certificates

25B.

—(1) Where the Registrar has refused to issue a practising certificate or has issued to a solicitor a practising certificate subject to a condition under section 25A, the solicitor may, within one month of being notified by the Registrar of the decision, appeal to a Judge by originating summons.

[40/96]

(2) Any appeal under subsection (1) shall be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations.

[40/96]

(3) On such appeal, the Judge may —

(a)

direct the Registrar not to issue a practising certificate to the solicitor;

(b)

direct the Registrar to issue a practising certificate to the solicitor free of conditions or subject to such conditions as the Judge thinks fit; or

(c)

make such other order as the Judge thinks fit.

[40/96]

(4) No appeal shall lie from any order made by a Judge under this section.

[40/96]

Medical examination required in certain circumstances

25C.

—(1) If the Attorney-General or the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Attorney-General or the Council (as the case may be) may apply to a Judge by originating summons for an order that the solicitor submit to a medical examination.

[19/2008]

(2) An application under subsection (1) shall be served on the solicitor concerned.

[19/2008]

(3) If, on an application under subsection (1), the Judge is of the opinion that the solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Judge shall order the solicitor to submit to a medical examination to be conducted —

(a)

by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and

(b)

within such period as the Judge may specify in the order.

[19/2008]

(4) The registered medical practitioner shall —

(a)

personally examine the solicitor;

(b)

determine whether the fitness of the solicitor to practise has been impaired by reason of the solicitor’s physical or mental condition; and

(c)

submit a report of his determination and the reasons for the determination, within 14 days from the date of the medical examination, to the solicitor, the Attorney-General and the Council.

[19/2008]

(5) In making his determination under subsection (4), the registered medical practitioner may have regard to —

(a)

his own observations;

(b)

the results of any tests carried out on the solicitor; and

(c)

any facts which are communicated to him by the Attorney-General, the Council or any other person.

[19/2008]

(6) The solicitor shall bear all costs of and incidental to his medical examination under this section, any tests carried out on him for the purposes of the medical examination and the report referred to in subsection (4)(c).

[19/2008]

(7) Without prejudice to subsections (1) to (6), if the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Council may direct the solicitor to stop practising until he has submitted to a medical examination.

[19/2008]

(8) Where the Council has given a solicitor a direction under subsection (7) —

(a)

the Council shall, not later than 7 days from the date the direction was given —

(i)

make an application under subsection (1) in relation to the solicitor; and

the solicitor may, upon proof of a change in the circumstances or for any good cause —

(i)

inform the Council of the change or good cause and request that the Council’s direction be rescinded; or

(ii)

apply to a Judge for an order that the Council’s direction be set aside, such application to be made —

(A)

by summons, in a case where the Council has made an application under subsection (1) in relation to the solicitor; or

(B)

by originating summons, in any other case,

and served on the Society; and

(d)

the solicitor shall comply with the Council’s direction until it ceases to have effect under paragraph (b) or is rescinded by the Council or set aside by a Judge.

[19/2008]

(9) Notwithstanding anything in this section, the Council shall not be entitled to make any application under subsection (1) in relation to a solicitor, or to give any direction under subsection (7) to a solicitor, without the consent of the Attorney-General, if the solicitor —

(a)

is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; and

(b)

does not practise in any Singapore law practice.

[19/2008]

Disqualification for practising certificates

26.

—(1) No solicitor shall apply for a practising certificate —

(a)

unless —

(i)

he is practising or intends to practise in a Singapore law practice;

(ii)

he is registered by the Attorney-General under section 130N to practise Singapore law, and is practising or intends to practise Singapore law, in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; or

(iii)

he is practising or intends to practise as a locum solicitor;

[(b), (ba), (c) and (ca) — Deleted by Act 19 of 2008]

(d)

if he has, for a period of 3 years or more, held office as a Judge of the Supreme Court or of the Supreme Court of Malaysia or of any High Court in any part of Malaysia;

(e)

if he is an undischarged bankrupt;

(f)

if he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

(g)

if he has one or more outstanding judgments against him amounting in the aggregate to $100,000 or more which he has been unable to satisfy within 6 months from the date of the earliest judgment; or

(h)

if he lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor.

has completed such training within such time as the Council may by rules under section 25 prescribe; or

(c)

has practised as a locum solicitor at any time within the period of 3 years immediately preceding the application.

[41/2005; 19/2008]

(2) Notwithstanding anything in subsection (1), any solicitor who has held office as a Judge of the Supreme Court for a period of 3 years or more shall on application be issued a practising certificate enabling him to practise as a solicitor, but without the right of audience in any court of justice in Singapore.

a solicitor who is employed by the Society, the Institute or any statutory body or law office in the public service;

[8/2011 wef 03/05/2011]

(b)

a solicitor who is employed as a full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore and who has been so employed in either case for at least 3 continuous years; or

(c)

a State Counsel, Deputy Public Prosecutor or other legal officer of the government of any country or any territory of that country,

if the Attorney-General issues a certificate under his hand to the person and specifies therein the matters in which the person may appear and plead in courts of law.

[35/2001; 19/2008]

(4) Where the Attorney-General has issued a certificate to a solicitor under subsection (3)(a) or (b), the Registrar shall, upon the solicitor complying with the provisions of this Act, issue him a practising certificate specifying therein the matters in which he may appear and plead in courts of law and the conditions (if any) as contained in the Attorney-General’s certificate.

[35/2001]

(5) Where the Attorney-General has issued a certificate to a person under subsection (3)(c), the Registrar shall issue him a practising certificate specifying therein the matters in which he may appear and plead in courts of law and the conditions (if any) as contained in the Attorney-General’s certificate.

[35/2001]

(6) The Attorney-General may shorten the period referred to in subsection (3)(b) if he is satisfied that the solicitor has gained substantial experience in law for the purposes of that subsection.

when the Registrar subsequently issues another practising certificate to the solicitor.

[40/96; 23/2004]

(10) For the purposes of this section, “Judge” shall not include a Judicial Commissioner of the Supreme Court.

[40/96]

Register of practitioners

27.

—(1) Upon the issue of every practising certificate, the Registrar shall cause to be entered in an annual register kept for that purpose (referred to in this Act as the register of practitioners) the particulars referred to in section 25(1)(a)(i) to (iv) as contained in the declaration delivered under section 25(1)(a) and any condition imposed on the practising certificate.

[40/96]

(2) Any person may inspect the register of practitioners during office hours without payment.

(3) If there is any change with respect to any solicitor in the particulars referred to in subsection (1) or with respect to the status of his practising certificate, including as to whether it has ceased to be in force under section 26(9), that solicitor shall within one week thereafter notify the Registrar and the Council, and the Registrar shall thereupon cause the entry in respect of that solicitor in the register of practitioners to be amended.

[40/96]

Imposition of conditions while practising certificates are in force

27A.

—(1) Subject to subsection (1A), where, at any time during the currency of the practising certificate of a solicitor, section 25A would have effect in relation to him by reason of any such circumstances as are mentioned in section 25A(1) if he were to make an application for a practising certificate at that time, a Judge may, upon an application by the Attorney-General or the Council made by originating summons and served upon the solicitor, direct that the current practising certificate of the solicitor shall have effect subject to such conditions as the Judge thinks fit.

[40/96; 19/2008]

(1A) The Council shall not be entitled to make an application under subsection (1) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —

(a)

is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice;

(b)

does not practise in any Singapore law practice; and

(c)

undertakes not to practise in any Singapore law practice while his practising certificate remains in force.

[19/2008]

(2) Where an order under subsection (1) has been made against a solicitor by reason only of any such circumstances as are mentioned in section 25A(1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor may, upon proof of a change in the circumstances or for any good cause, apply to a Judge by summons for a reconsideration of the matter.

[40/96; 19/2008]

(3) Any application under subsection (2) shall be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations.

[40/96]

(4) At the hearing of the application, the Judge shall consider all the circumstances of the case and may make such order as he thinks fit.

[40/96]

(5) No appeal shall lie from any order made by a Judge under subsection (4).

Referral to Disciplinary Tribunal and suspension of practising certificates

27B.

—(1) Subject to subsection (1A), upon an application to a Judge by the Attorney-General or the Council, or on the hearing by a Judge of an application made under section 27A, the Judge may —

(a)

where the Judge is satisfied that cause of sufficient gravity for disciplinary action against a solicitor exists —

(i)

request the Society under section 85(3)(b) to refer the matter to a Disciplinary Tribunal unless the matter had been or is being dealt with under Part VII or is to be dealt with under section 94A; and

(ii)

order that the solicitor’s current practising certificate be suspended; or

(b)

order that a solicitor’s current practising certificate be suspended, if —

(i)

the solicitor’s fitness to practise has been determined under section 25C to be impaired by reason of the solicitor’s physical or mental condition;

(ii)

the solicitor, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so; or

(iii)

the Judge is satisfied that the solicitor is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to the solicitor’s practice.

[19/2008]

(1A) The Council shall not be entitled to make an application under subsection (1) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —

(a)

is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice;

(b)

does not practise in any Singapore law practice; and

(c)

undertakes not to practise in any Singapore law practice while his practising certificate remains in force.

[19/2008]

(2) Any application by the Attorney-General or the Council under subsection (1) shall be made by originating summons which shall be served on the solicitor.

[40/96]

(3) Where the Attorney-General or the Council makes an application under subsection (1), the Judge shall have, in addition to his powers under that subsection, the powers exercisable by him under section 27A.

[40/96]

(4) If, in a case where a Judge has made an order under subsection (1)(a)(ii) suspending a solicitor’s current practising certificate —

(a)

the Disciplinary Tribunal determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the solicitor exists under section 83 or determines under section 93(1)(b) that the solicitor should be reprimanded;

(b)

the application made against the solicitor under section 98(1) is withdrawn or dismissed; or

(c)

an order has been made under section 98 that the solicitor be struck off the roll, suspended from practice or censured, or that the solicitor pay a penalty,

the suspension of the practising certificate of the solicitor shall terminate immediately.

[40/96; 42/2005; 19/2008]

(5) Nothing in subsection (4) shall be construed as affecting the power of the court of 3 Judges of the Supreme Court to suspend a solicitor from practice on an application under section 98(1).

[40/96; 42/2005; 19/2008]

(6) Where the suspension of the practising certificate of a solicitor under this section has terminated by reason only of the expiry of the solicitor’s current practising certificate and not by reason of the occurrence of any of the events mentioned in subsection (4), the solicitor shall not apply for another practising certificate until any of the events mentioned in subsection (4) has occurred; and if a practising certificate has been issued to him, that certificate shall cease to be in force.

[40/96]

(7) No appeal shall lie from any order made by a Judge under this section.

[40/96]

Cancellation of practising certificates

28.

—(1) The Council may apply to a Judge by originating summons for an order directing the Registrar to cancel a practising certificate issued to a solicitor, if it appears to the Council that —

(a)

the certificate has been issued to the solicitor contrary to the provisions of this Act;

(b)

the accountant’s report submitted by the solicitor does not comply with section 73; or

(c)

the certificate has ceased to be in force under section 26(9)(a) or (b), but the solicitor has failed to notify the Registrar and the Council of this in accordance with section27(3).

(2) Such an application shall be served on the advocate and solicitor concerned and upon the hearing thereof the Judge may make such order as he may think fit and may also make such order for the payment of costs as may be just.

(3) Disciplinary proceedings may be taken against any solicitor if in, or in relation to, an application for a practising certificate he makes a false statement material to the application.

PART IV

PRIVILEGES OF ADVOCATES AND SOLICITORS

Privileges of advocates and solicitors

29.

—(1) Advocates and solicitors shall, subject to the provisions of any written law, have the exclusive right to appear and plead in all courts of justice in Singapore according to the law in force in those courts; and as between themselves shall, subject to section 31, have the same rights and privileges without differentiation.

[15/89]

(2) Nothing in subsection (1) shall affect the right which is hereby declared of —

(a)

the Attorney-General, the Solicitor-General, State Counsel, Deputy Public Prosecutors and qualified persons appointed temporarily to perform the duties of those persons to appear and plead on behalf of the Government in those courts;

(b)

the Public Trustee, the Official Assignee, Assistant Public Trustees and Assistant Official Assignees to appear and plead in those courts under any of the provisions of any law relating to those offices; and

(c)

the Director of Legal Aid and Assistant Directors of Legal Aid to appear and plead in those courts under the provisions of the Legal Aid and Advice Act (Cap. 160) or the International Child Abduction Act 2010.

[19/2008]

(3) Notwithstanding subsection (1), an advocate and solicitor who practises in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice shall not be entitled to practise Singapore law except in accordance with Part IXA and any rules made under section 130W.

[19/2008]

Appointment of Senior Counsel

30.

—(1) A Selection Committee comprising the Chief Justice, the Attorney-General and the Judges of Appeal may appoint an advocate and solicitor or a Legal Service Officer as Senior Counsel if the Selection Committee is of the opinion that, by virtue of the person’s ability, standing at the Bar or special knowledge or experience in law, he is deserving of such distinction.

(2) At every meeting of the Selection Committee, 3 members shall constitute a quorum, and no business shall be transacted unless a quorum is present.

[40/96]

(3) A decision at a meeting of the Selection Committee shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chief Justice shall have a casting vote in addition to his original vote.

[40/96]

(4) Subject to this section, the Selection Committee may establish its own practice and regulate its own procedure.

[40/96]

(5) The appointment of a Senior Counsel shall be deemed to be revoked if the Senior Counsel —

(a)

[Deleted by Act 19 of 2008]

(b)

being a Legal Service Officer, is dismissed from the Singapore Legal Service;

being a member of the Faculty of Law of the National University of Singapore or the School of Law of the Singapore Management University, is dismissed from the Faculty or School, as the case may be;

(d)

is convicted of an offence by a court of law in Singapore or elsewhere and sentenced to imprisonment for a term of not less than 12 months or to a fine of not less than $2,000 and has not received a free pardon;

(e)

becomes mentally disordered and incapable of managing himself or his affairs;

(7) On 21st April 1989, those persons who, on the date immediately preceding that date, are holding office as the Attorney-General and the Solicitor-General shall be deemed to have been appointed as Senior Counsel under this section.

[15/89]

(8) Any person who, on or after 1st June 2007, holds office as the Attorney-General or the Solicitor-General shall, if he is not a Senior Counsel, be deemed to have been appointed as Senior Counsel under this section on that date or the date on which he is appointed Attorney-General or Solicitor-General, whichever is the later.

[20/2007]

Order of precedence of Senior Counsel in court

31.

—(1) Senior Counsel shall rank in precedence after the Attorney-General and the Solicitor-General according to their seniority of appointment as Senior Counsel.

(2) If 2 or more Senior Counsel are appointed on the same day, they shall take precedence according to the date on which they were admitted as advocates and solicitors.

[15/89]

Requirements for practice and unauthorised persons

32.

—(1) Subject to this Part and Part IXA, no person shall practise as an advocate and solicitor or do any act as an advocate and solicitor unless —

(a)

his name is on the roll; and

(b)

he has in force a practising certificate.

[19/2008]

(2) For the purposes of this Act, a person is an unauthorised person if —

(a)

his name is not on the roll;

(b)

he does not have in force a practising certificate; or

(c)

being an advocate and solicitor who practises in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, he practises Singapore law otherwise than in accordance with Part IXA and any rules made under section 130W.

[19/2008]

(3) A Judge may, if he thinks fit, on the application of any advocate and solicitor in active practice in a Singapore law practice, allow a qualified person who has served not less than 3 months of his practice training period, and who is serving his practice training period under a practice training contract with that Singapore law practice at the time the application is made, to appear, on behalf of that Singapore law practice, before —

(a)

a Judge or the Registrar; or

(b)

a District Judge, a Magistrate, or the Registrar or a Deputy Registrar of the Subordinate Courts.

(4) A qualified person in respect of whom an application under subsection (3) has been granted shall be entitled to appear in accordance with that subsection at any time during the period —

(a)

beginning at the time that application is granted; and

(b)

ending on the earlier of —

(i)

the time that qualified person is admitted as an advocate and solicitor of the Supreme Court; or

(ii)

the expiration of 3 months after the last day of that qualified person’s practice training period.

Unauthorised person acting as advocate or solicitor

33.

—(1) Any unauthorised person who —

(a)

acts as an advocate or a solicitor or an agent for any party to proceedings, or, as such advocate, solicitor or agent —

(i)

sues out any writ, summons or process;

(ii)

commences, carries on, solicits or defends any action, suit or other proceeding in the name of any other person, or in his own name, in any of the courts in Singapore; or

(iii)

draws or prepares any document or instrument relating to any proceeding in the courts in Singapore; or

(b)

wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorised to act as an advocate or a solicitor, or that he is recognised by law as so qualified or authorised,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.

[20/2007; 19/2008]

(2) Without prejudice to the generality of subsection (1), any unauthorised person who, directly or indirectly —

(a)

draws or prepares any document or instrument relating to any movable or immovable property or to any legal proceeding;

(b)

takes instructions for or draws or prepares any papers on which to found or oppose a grant of probate or letters of administration;

(c)

[Deleted by Act 8/2011 wef 03/05/2011]

(d)

on behalf of a claimant or person alleging himself to have a claim to a legal right writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a solicitor for legal proceedings; or

(e)

solicits the right to negotiate, or negotiates in any way for the settlement of, or settles, any claim arising out of personal injury or death founded upon a legal right or otherwise,

shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence.

(3) Any unauthorised person who, for or in expectation of any fee, gain or reward, offers or agrees to place at the disposal of any other person the services of an advocate and solicitor shall be guilty of an offence.

[35/2001]

(4) Subsection (3) shall not apply to any person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor pursuant to a lawful contract of indemnity or insurance.

(5) Every person who is convicted of an offence under subsection (2) or (3) shall be liable for a first offence to a fine not exceeding $10,000 or in default of payment to imprisonment for a term not exceeding 3 months and for a second or subsequent offence to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both.

[20/2007]

(6) Any act done by a body corporate which in the case of a person would be an offence under subsection (1), (2) or (3) or is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor, or has the capacity or powers of a law corporation or a limited liability law partnership when in fact the body corporate does not, shall be an offence and the body corporate shall be liable on conviction for a first offence to a fine not exceeding $25,000 and for a second or subsequent offence to a fine not exceeding $50,000.

[4/2000; 41/2005; 20/2007]

(7) Where an act mentioned in subsection (6) is done by a director, an officer or an employee of the body corporate, the director, officer or employee shall (without prejudice to the liability of the body corporate) be liable to the punishments provided in subsection (5).

(7A) Where an act mentioned in subsection (6) is done by a partner, an officer or an employee of a limited liability partnership, that partner, officer or employee shall (without prejudice to the liability of the limited liability partnership) be liable to the punishments provided in subsection (5).

[41/2005]

(8) Where any firm does an act which in the case of a person would be an offence under subsection (1), (2) or (3), every member of the firm shall be deemed to have committed that offence unless he proves that he was unaware of the commission of the act.

(9) Any person who does any act in relation to a contemplated or instituted proceeding in the Supreme Court which is an offence under this section shall also be guilty of a contempt of the court in which the proceeding is contemplated or instituted and may be punished accordingly irrespective of whether he is prosecuted for the offence or not.

the Attorney-General or the Solicitor-General or any other person acting under the authority of either of them;

(b)

the Public Trustee, the Official Assignee, Assistant Public Trustees and Assistant Official Assignees acting in the course of their duties under any law relating to those offices;

(c)

the Director of Legal Aid and Assistant Directors of Legal Aid acting in the course of their duties under the provisions of the Legal Aid and Advice Act (Cap. 160) or the International Child Abduction Act 2010;

(d)

any other public officer drawing or preparing instruments in the course of his duty;

(e)

any person acting personally for himself only in any matter or proceeding to which he is a party;

(ea)

any officer of a company or limited liability partnership who is duly authorised by the company or limited liability partnership to act on its behalf in any relevant matter or proceeding to which it is a party, in respect only of that officer acting on behalf of the company or limited liability partnership, in accordance with the Rules of Court, in that matter or proceeding;

(eb)

any officer of an unincorporated association (other than a partnership) who is duly authorised by the unincorporated association to act on its behalf in any relevant matter or proceeding to which it is a party, in respect only of that officer acting on behalf of the unincorporated association, in accordance with the Rules of Court, in that matter or proceeding;

(ec)

any legal counsel (by whatever name called) in an entity acting solely for the entity in any matter to which it is a party, other than by —

(i)

appearing or pleading in any court of justice in Singapore, except where such appearance or pleading is otherwise permitted under any written law;

(ii)

appearing in any hearing before a quasi-judicial or regulatory body, authority or tribunal in Singapore, except where such appearance is otherwise permitted under any written law; or

(iii)

attesting any document which is required to be attested by an advocate and solicitor;

(f)

any bona fide and full-time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim, arising out of personal injury or death, relates to a risk insured by that insurance company;

(g)

[Deleted by Act 23 of 2004]

(h)

any full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore who is a qualified person rendering any opinion or acting in an advisory capacity on any matter in which he has been instructed by an advocate and solicitor;

(i)

any accountant drawing or preparing documents in the exercise of his profession;

(j)

any proceeding before the Industrial Arbitration Court or the Syariah Court;

(k)

any person merely employed to engross any instrument or proceeding;

(l)

any approved company auditor drawing or preparing any instrument which he is empowered to do under any law for the time being in force relating to companies; or

(m)

any agent duly authorised to the satisfaction of the Registrar of Trade Marks drawing or preparing documents in any matter relating to trade marks.

[35/2001; 23/2004]

(2) The Minister may make rules for the exemption from section 33 of any person who, or any class of persons each of whom, satisfies such requirements, and does such act in such circumstances, as may be prescribed in those rules.

—(1) A court may, on the application of the Public Prosecutor, order any unauthorised person convicted of an offence under section 33(1), (2) or (3) or against whom a court has taken into consideration such an offence in sentencing him —

(a)

to repay any fee, gain or reward received in respect of any such offence to the person who made the payment; or

(b)

to pay any fee, gain or reward referred to in paragraph (a) to the Society for the benefit of the person who made the payment.

[20/2007]

(2) The Society shall hold and pay out any moneys received pursuant to an order made under subsection (1)(b) in the manner prescribed under subsection (5).

[20/2007]

(3) In any proceedings under subsection (1), a certificate purporting to be issued by the Public Prosecutor certifying the amount of any fee, gain or reward referred to in subsection (1)(a) paid by a person to an unauthorised person shall be prima facie evidence of the amount that the unauthorised person is liable to repay under subsection (1)(a) as at the date of the certificate.

[20/2007]

(4) An amount ordered to be paid under subsection (1) shall carry interest as from the date of the order and at the same rate as a judgment debt.

[20/2007]

(5) The Council may, with the approval of the Chief Justice, make rules for the purposes of subsection (2).

[20/2007]

(6) In this section, “fee, gain or reward” does not include disbursements.

[20/2007]

No costs recoverable by unauthorised person

36.

—(1) No costs in respect of anything done by an unauthorised person as an advocate or a solicitor or in respect of any act which is an offence under section 33 shall be recoverable in any action, suit or matter by any person whomsoever.

(2) Any payment to an unauthorised person for anything done by that unauthorised person which is an offence under section 33 may be recovered by the person who paid the money in a court of competent jurisdiction.

(3) Subsection (2) shall not entitle any person (referred to in this subsection as the claimant) to recover from an unauthorised person any payment that has been repaid to the claimant or paid to the Society for the benefit of the claimant under section 35A(1).

[20/2007]

PART V

THE LAW SOCIETY OF SINGAPORE

Division 1 — Establishment, purposes and powers of Society

Establishment of Society

37.

—(1) There is hereby established a body to be called the Law Society of Singapore.

(2) The Society shall be a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act —

(a)

to sue and be sued in its corporate name;

(b)

to acquire and dispose of property, both movable and immovable; and

(c)

to do and to perform such other acts as bodies corporate may by law perform.

Purposes and powers of Society

38.

—(1) The purposes of the Society shall be —

(a)

to maintain and improve the standards of conduct and learning of the legal profession in Singapore;

(b)

to facilitate the acquisition of legal knowledge by members of the legal profession and others;

(c)

to assist the Government and the courts in all matters affecting legislation submitted to it, and the administration and practice of the law in Singapore;

(d)

to represent, protect and assist members of the legal profession in Singapore and to promote in any manner the Society thinks fit the interests of the legal profession in Singapore;

(e)

to establish a library and to acquire or rent premises to house the library, offices of the Society or amenities for the use of members;

(f)

to protect and assist the public in Singapore in all matters touching or ancillary or incidental to the law;

(g)

to make provision for or assist in the promotion of a scheme whereby impecunious persons on non-capital charges are represented by advocates;

(h)

to grant prizes and scholarships and to establish and subsidise lectureships in educational institutions in subjects of study relating to law;

(i)

to grant pecuniary or other assistance to any association, institute, board or society in Singapore in the interests of the profession of law or of students for that profession;

(j)

to afford pecuniary and other assistance to members or former members and to the wives, widows, children and other dependants, whether of members, former members or deceased members who are in need of any such assistance;

(k)

to promote good relations and social intercourse among members and between members and other persons concerned in the administration of law and justice in Singapore; and

(l)

to establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any international association and become a member thereof.

[30/86]

(2) In addition to the powers given by the other provisions of this Act, the Society may —

(a)

purchase or lease any land or building required for any of the purposes of the Society;

(b)

sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;

(c)

borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Society as the Society may from time to time consider desirable;

(d)

exercise such powers or functions as may be conferred upon the Society by this Act or any other written law; and

(e)

do all such other things as are incidental or conducive to the achievement or betterment of the purposes of the Society.

[4/2000]

(3) In addition to rules that may be made by the Society under the other provisions of this Act, the Society may, subject to the provisions of this Act, make rules for giving effect to this Part.

Division 2 — Members of Society and subscriptions

Membership

39. The membership of the Society shall consist of the following:

(a)

all advocates and solicitors who are members of the Society by reason of section 40;

—(1) Every advocate and solicitor who has in force a practising certificate shall without election, admission or appointment become a member of the Society and remain a member under this section so long and only so long as he has in force a practising certificate.

(2) Every advocate and solicitor who has in force a practising certificate on the last day of March in any year shall be deemed to continue to be a member until the last day of April in that year.

(3) Every advocate and solicitor who is a member of the Society under subsection (1) shall be referred to in this Act as a practitioner member.

shall, without election, admission or appointment, become a member of the Society and remain a member under this section so long and only so long as his registration or approval, as the case may be, continues in force.

(2) Every foreign lawyer who is a member of the Society under subsection (1) shall be referred to in this Act as a foreign practitioner member.

[20/2007]

Non-practitioner members

41.

—(1) Subject to subsections (3) and (4), any of the following persons who applies for membership of the Society in the prescribed manner shall be admitted as a member of the Society:

(a)

any advocate and solicitor who does not have in force a practising certificate;

(b)

any foreign lawyer registered by the Attorney-General under Part IXA who is not a foreign practitioner member; and

(c)

any qualified person (not being an advocate and solicitor) who is ordinarily resident in Singapore.

[35/2001; 19/2008]

(1A) Subject to subsection (5), any of the following persons (not being an advocate and solicitor, a foreign lawyer referred to in section 40A(1) or subsection (1), or a qualified person referred to in subsection (1)) may be admitted as a member of the Society on his application in the prescribed manner to the Society:

(a)

any member of the academic staff —

(i)

of the Faculty of Law of the National University of Singapore;

(ii)

of the School of Law of the Singapore Management University; or

(iii)

of any department in any institution of higher learning in Singapore who teaches law in that department;

(b)

any person resident in Singapore who is recognised, by a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore, to be eligible to practise law in that state or territory;

(c)

any person resident in Singapore who is attending a course of study leading to a qualification prescribed under section 2(2).

[19/2008]

(2) Every person who is a member of the Society under subsection (1) or (1A) shall be referred to in this Act as a non-practitioner member.

(5) A person admitted as a member of the Society under subsection (1A)(c) shall cease to be a member when he becomes a qualified person.

[19/2008]

Honorary members

42. The Council may elect as honorary members of the Society such persons as it may think fit, either for life or for such period as the Council may in any case consider appropriate.

Privileges of membership

43.

—(1) Subject to this section and section 44, all members shall have the same rights and privileges.

(2) Only practitioner members shall be eligible to attend and vote at any general meeting but only those practitioner members who are citizens of Singapore shall be elected to the Council.

(3) Practitioner members may by a resolution exclude from a general meeting of the Society or any part thereof all other members.

Expulsion and suspension of rights and privileges

44.

—(1) Subject to subsection (2), any member of the Society, other than an honorary member, may in the prescribed manner, and upon such grounds, after being given a reasonable opportunity to answer all allegations made against him —

(a)

be expelled from membership; or

(b)

be deprived of any one or more rights and privileges of membership.

(2) A practitioner member shall not be expelled from membership so long as he has in force a practising certificate.

(3) A foreign practitioner member shall not be expelled from membership so long as his registration referred to in section 40A(1)(a) or (b) or his approval referred to in section 40A(1)(c) continues in force.

[20/2007]

Termination of membership

45. Any member of the Society, other than an honorary member, who ceases to be qualified for membership shall thereupon cease to be a member.

Annual subscription to Society

46.

—(1) The amount of the annual subscription payable by members of the Society shall, subject to subsection (4), be fixed from time to time by the Council.

[20/2007]

(1A) The subscription shall be payable to the Society by every solicitor in each year prior to his application for a practising certificate.

[20/2007]

(1B) The subscription shall be payable to the Society by a foreign practitioner member —

(a)

if he is registered under section 130I, in each year not later than14 days after the date of issue of his foreign practitioner certificate by the Attorney-General; or

(b)

if he has been granted an approval referred to in section 130L(1), but is not registered under section 130I —

(i)

not later than 14 days after the date of issue of a certificate of approval by the Attorney-General in respect of that approval; and

(ii)

not later than the anniversary of that date of issue in each subsequent year.

(2) Subject to this section, in fixing the amount of the subscription, the Council shall be at liberty to divide members into classes, and to provide that different amounts shall be paid by different classes and for different periods and generally to regulate, and to vary from time to time, the subscriptions payable by members or by different classes of members, as the Council may think fit.

[20/2007]

(3) The subscriptions payable by members admitted to membership under section 41 shall at no time exceed the lowest subscription payable by practitioner members for the corresponding period.

(3A) The subscriptions payable by foreign practitioner members who are members of the Society by reason of section 40A shall at no time exceed the highest subscription payable by practitioner members for the corresponding period.

[20/2007]

(4) The Council may from time to time fix levies payable by practitioner members and foreign practitioner members for any of the purposes of the Society.

[20/2007]

(5) The total of the annual subscription payable under subsection (1), the levies payable under subsection (4) and the annual contribution payable under section 75 shall not in any calendar year exceed $500 per practitioner member without the approval of a general meeting of the Society.

[17/84; 20/2007]

(6) Within one week of the end of each month, the Society shall, out of each annual subscription received by the Society during that month, pay to the Institute —

(a)

in the case of a subscription paid by a practitioner member of not less than 5 years’ standing, a sum of $120;

(b)

in the case of a subscription paid by a practitioner member of less than 5 years’ standing, a sum of $60; and

(c)

in the case of a subscription paid by a foreign practitioner member, a sum of $50.

[17/84; 20/2007]

[8/2011 wef 03/05/2011]

(7) [Deleted by Act 8/2011 wef 03/05/2011]

Division 3 — Council of Society

Council

47.

—(1) For the proper management of the affairs of the Society and for the proper performance of its functions under this Act, there shall be a Council.

(2) The Council shall consist of statutory members and elected members as provided in sections 48 and 49.

Statutory members

48.

—(1) The following persons shall be statutory members of the Council each time it is constituted:

(a)

the immediate past President of the Society;

(b)

not more than 3 advocates and solicitors appointed by the Minister to sit on the Council; and

(c)

not more than 3 advocates and solicitors appointed by the Council to sit on the Council as soon as practicable after it is constituted.

[35/2001]

(2) Every member of the Council appointed by the Minister under subsection (1)(b) or by the Council under subsection (1)(c) shall hold office for a term of 2 years and may, from time to time, be re-appointed.

[35/2001]

Elected members

49.

—(1) There shall be 15 elected members of the Council consisting of —

(a)

6 practitioner members, each of whom shall be an advocate and solicitor of not less than 12 years’ standing on the day of his nomination for election to the Council;

(b)

5 practitioner members, each of whom shall be an advocate and solicitor of under 12 years’ but not less than 7 years’ standing on the day of his nomination for election to the Council; and

(c)

4 practitioner members, each of whom shall be an advocate and solicitor of under 7 years’ standing on the day of his nomination for election to the Council.

[30/86]

(2) Subject to the provisions of this Act, every elected member of the Council shall hold office as a member of the Council for 2 years.

(3) Subject to subsection (4), a practitioner member who has been struck off the roll or suspended from practising as an advocate and solicitor for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty shall not be eligible for election or appointment as a member of the Council.

[30/86]

(4) A practitioner member may, after a period of 5 years following the date of his conviction or the date he was reinstated to the roll or the date of the expiry of his suspension, whichever is the later, with the leave of a court of 3 Judges of the Supreme Court, one of whom shall be the Chief Justice, be eligible for election or appointment as a member of the Council.

[30/86; 41/93]

(5) Where an application for leave under subsection (4) has been refused, the applicant shall not be entitled to make another application under that subsection within a period of 5 years from the date the first-mentioned application was dismissed.

[30/86]

(6) An application for leave under subsection (4) shall be made by originating summons.

notice of intention to apply therefor and all documents in support thereof have been served at least 14 clear days before the date of the hearing on the Attorney-General and on the Society, either or both of whom may be represented at the hearing of, and may oppose, the application;

(b)

the applicant satisfies the court that his conduct since his conviction, striking-out or suspension did not make him unfit to be a member of the Council; and

(c)

the applicant exhibits affidavits of at least 2 practitioner members who are and have been in active practice in Singapore for a total of not less than 5 out of the 7 years immediately preceding the date of the application attesting to the applicant’s good behaviour from the date of his conviction, striking-out or suspension and stating whether in their opinion he is a fit and proper person to be a member of the Council.

[30/86]

(8) A practitioner member shall, before his election or appointment as a member of the Council, file a declaration with the Society stating that he is not disqualified from holding office as a member of the Council by virtue of subsection (3) or, if he is so disqualified, stating that he has obtained the leave of the court under subsection (4) for election or appointment as a member of the Council.

[30/86]

(9) Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

[30/86]

(10) Whenever it is necessary for any reason whatsoever to elect all the elected members of the Council at an annual election —

chosen by lot at the first meeting of the Council after such election shall hold office for only one year.

(11) Every elected member of the Council shall be eligible for re-election if he is qualified to be a candidate.

Division 4 — Election of members of Council

Compulsory voting

50.

—(1) Every advocate and solicitor who has in force a practising certificate on the date of nomination as provided in section 51 shall vote for the election of the members of the Council as follows:

(a)

if he is an advocate and solicitor of not less than 12 years’ standing, he shall vote for the election of the members of the Council under section 49(1)(a);

(b)

if he is an advocate and solicitor of under 12 years’ but not less than 7 years’ standing, he shall vote for the election of the members of the Council under section 49(1)(b); and

(c)

if he is an advocate and solicitor of under 7 years’ standing, he shall vote for the election of the members of the Council under section 49(1)(c).

(2) Every advocate and solicitor who is required to vote for the election of the members of the Council in accordance with subsection (1) and who fails to do so shall not be entitled to apply for a practising certificate unless he —

(a)

satisfies the Registrar that he was not in Singapore at the time of the election or had a good and sufficient reason for not voting at the last election to the Council; or

(b)

pays a penalty of $500 which shall be credited to the Compensation Fund established under section 75.

[35/2001]

Elections

51.

—(1) The Council shall, in the month of September every year, fix and publish before the end of that month —

(a)

the date of nomination which shall be in the second week of the month of October that year;

(b)

the date of election which shall be in the last week of the month of October that year;

(c)

a convenient place in the Supreme Court building or elsewhere where the ballot shall take place; and

(d)

the names of 3 scrutineers.

[17/84]

(2) The annual election of the members of the Council shall take place within 21 days after the annual general meeting and shall, subject to section 53, be conducted in such manner as may be prescribed by rules made under section 59 on the date and place fixed by the Council in accordance with subsection (1).

[35/2001]

(3) If for any reason whatsoever it is necessary to elect all the elected members of the Council, the Council shall fix and publish —

(a)

the date of nomination which shall be not less than 7 days or more than 15 days from the date of the notice notifying members of the election;

(b)

the date of the election which shall be not less than 10 days or more than 15 days from the date of nomination;

(c)

a convenient place in the Supreme Court building or elsewhere where the ballot shall take place; and

(d)

the names of 3 scrutineers.

(4) The election under subsection (3) shall, subject to section 53, be conducted in such manner as may be prescribed by rules made under section 59 on the date and place fixed by the Council in accordance with that subsection.

[35/2001]

(5) Any accidental failure on the part of the Council to comply with this section or any rules made with respect to elections to the Council shall not invalidate an election.

shall be in writing signed by not less than 2 persons qualified in a like manner under section 49 as the candidate nominated; and

(c)

shall name only one candidate and his consent shall be endorsed thereon.

Insufficient nominations

53.

—(1) If only so many candidates are nominated for election to the Council as are required to be elected, those candidates shall be deemed to be elected; if fewer, the candidates nominated shall be deemed to have been elected and they together with the statutory members of the Council and the continuing elected members of the Council, if any, shall appoint further members to complete the required number to satisfy the requirements of section 49(1).

(2) If, at any election to be held under section 51(3), no nominations are made for the election of members of the Council, the Chief Justice shall, after consulting the statutory members of the Council, if any, appoint to be members of the Council a sufficient number of persons who satisfy the requirements as to standing set out in section 49(1).

(3) Members of the Council appointed under subsections (1) and (2) shall for all purposes of this Act be deemed to be elected members.

Council’s term of office

54.

—(1) Every Council of the Society constituted after an annual election shall take office on 1st January after that election and shall hold office until 31st December in that year or, if such is the case, until a Council takes office under subsection (2).

(2) Every Council constituted after an election under section 51(3) or after appointments made under section 53(2) shall take office from the day on which the members of that Council were elected or appointed, as the case may be, and shall hold office until 31st December next following.

Casual vacancies

55.

—(1) Any casual vacancy arising among the elected members of the Council shall be filled with all convenient speed by the Council by the appointment of a person qualified under section 49 as may be necessary, and any such new member shall hold office for so long as the member in whose place he is appointed would have held office.

(2) The continuing members of the Council may act provided there is a quorum notwithstanding any vacancy in the Council.

(3) No act done by or by the authority of the Council shall be invalid in consequence of any defect that is afterwards discovered in the election or qualification of the members or any of them.

Division 5 — Officers of Council

President, Vice-Presidents and Treasurer

56.

—(1) There shall be a President, 2 Vice-Presidents and a Treasurer of the Society who shall be elected by —

(a)

members and members-elect of the Council taking office in either case on 1st January after an annual election under section 54(1) from amongst those members at a meeting of the Council before that date; or

(b)

members of the Council taking office under section 54(2) from amongst those members at the first meeting of the Council.

[40/96]

(2) If any casual vacancy arises in respect of the office of the President, a Vice-President or the Treasurer of the Society, the Council shall, at its next meeting or as soon as possible thereafter, elect one of its members to fill the vacancy.

[40/96]

(3) The President of the Society or in his absence a Vice-President of the Society nominated by the President shall be the chairman of the Council and shall preside at all meetings of the Council and of the Society.

[40/96]

(4) In the absence of the President and the Vice-Presidents of the Society, the Council or the Society, as the case may be, shall elect a chairman from among the respective members.

[40/96]

Vacation of office of member of Council

57.

—(1) A statutory member of the Council shall vacate his office if —

(a)

he has been struck off the roll or suspended from practising as an advocate and solicitor or has been convicted of an offence involving fraud or dishonesty;

(b)

he becomes mentally disordered and incapable of managing himself or his affairs;

(4) Subsections (1) and (2) shall not apply to a member of the Council who has obtained the leave of the court under section 49(4) prior to his election or appointment as a member of the Council.

[30/86]

Division 6 — Powers of Council

General powers of Council

58.

—(1) The management of the Society and of its funds shall be vested in the Council.

(2) All such powers, acts or things as are not by this Act expressly authorised, directed or required to be exercised or done by the Society in a general meeting may, subject to the provisions of this Act or any resolution passed from time to time by the Society in the general meeting, be exercised or done by the Council.

(3) No resolution of the Society passed under subsection (2) shall invalidate the previous exercise of any power or the previous doing of any act or thing by the Council which would have been valid if the resolution had not been passed.

Specific powers of Council

59.

—(1) Without prejudice to the general powers conferred by section 58 or the specific powers to make rules conferred by any other provision of this Act, the Council shall have power —

(a)

to make rules to provide for all matters not expressly reserved to the Society in general meeting whether they are expressed among its powers or not;

(b)

to answer questions affecting the practice and etiquette of the profession and the conduct of members thereof;

(c)

to take cognizance of anything affecting the Society or the professional conduct of its members and to bring before any general meeting of the Society any matter which it considers material to the Society or to the interests of the profession and make any recommendations and take such action as it thinks fit in relation thereto;

(d)

to examine and if it thinks fit to report upon current or proposed legislation submitted to it and any other legal matters;

(e)

to represent members of the Society or any section thereof in any matter which may be necessary or expedient;

(f)

to found prizes and scholarships for students of law and to lay down the conditions for their award as it thinks fit;

(g)

to appoint in its discretion such officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time think fit and to determine their duties and terms of service;

(h)

to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Society;

(i)

to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or of interest to members;

(j)

to institute, conduct, defend, compound or abandon any legal proceedings by and against the Society or its officers or otherwise concerning the affairs of the Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Society;

(k)

to refer any claims or demands by or against the Society to arbitration and to observe and perform every award made as a result of the arbitration and to nominate arbitrators if so requested;

(l)

to make and give receipts, releases and other discharges for moneys payable to and for claims and demands of the Society;

(m)

to invest the moneys of the Society in such manner as it thinks fit and engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment;

(n)

to form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Society;

(o)

from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Society or without any such security and upon such terms as to priority or otherwise as the Council thinks fit; and

(p)

to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Society in general meeting.

[30/86; 40/96; 45/2004]

(2) Rules made by the Council under this section shall not come into operation until they have been approved by the Chief Justice.

Appointment of committees of Council

60.

—(1) The Council may appoint one or more committees for any such general or special purpose as in the opinion of the Council may be better regulated or managed by means of a committee.

(2) The Council may delegate to any committee so appointed, with or without restrictions or conditions, as it thinks fit, the exercise of any functions exercisable by the Council.

(3) The number and term of office of the members of a committee appointed under this section, and the number of those members necessary to form a quorum, shall be fixed by the Council.

(4) A committee appointed under this section may include persons who are not members of the Council.

(5) If the Council delegates to a committee appointed under this section any of the functions exercisable by the Council, at least half the members of that committee (including the chairman thereof) shall be members of the Council.

Power of Council to inspect files of proceedings in bankruptcy of solicitor or winding up of law corporation or limited liability law partnership

61. The Council shall be entitled —

(a)

without payment of any fee, to inspect —

(i)

the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken; or

(ii)

the file of winding up proceedings against a law corporation or a limited liability law partnership; and

(b)

to be supplied with office or certified copies of the proceedings on payment of the usual charge for those copies.

[4/2000; 41/2005]

Power of Council to accept gifts, etc.

62.

—(1) The Council may on behalf of the Society accept, by way of grant, gift, testamentary disposition or otherwise, property or moneys in aid of the finances or purposes of the Society on such conditions as it may determine.

(2) Registers shall be kept of all donations to the Society including the names of donors and any special conditions on which any donation may have been given.

(3) All property, moneys or funds donated to the Society for any specific purpose shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they may have been donated and shall be separately accounted for.

Representation in court

63. The Society may be represented or appear in any court by any advocate and solicitor whether he is a member of the Council or not.

Division 7 — Proceedings of Council

Meetings of Council

64.

—(1) Meetings of the Council may be held —

(a)

at such times and in such manner as the Council may determine; and

(b)

as often as may be necessary.

[19/2008]

(1A) A member of the Council may participate in a meeting of the Council through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Council may determine.

[19/2008]

(1B) A member of the Council who participates in a meeting of the Council in accordance with subsection (1A) shall be deemed to be present at the meeting.

[19/2008]

(2) Five members present at any meeting of the Council shall constitute a quorum for the transaction of any business.

[19/2008]

(3) A decision of the majority of the members of the Council present and voting at any meeting of the Council shall be deemed to be a decision of the Council.

(4) The chairman or the person lawfully acting as chairman at any meeting of the Council shall have an original as well as a casting vote.

(5) Subject to any rules of the Society, the Council may regulate its own procedure and in particular the holding of meetings, the notice to be given of meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of those minutes.

Passing of resolution of Council by written means

64A.

—(1) Notwithstanding section 64, the Council may pass any resolution of the Council by written means.

[19/2008]

(2) A resolution of the Council is passed by written means if it has been formally agreed, in such manner as the Council may determine, on any date by a majority of the members of the Council.

[19/2008]

(3) Any reference in this Act or any other law to a decision of the Council includes a reference to a resolution of the Council passed by written means.

[19/2008]

(4) Any reference in this Act or any other law to the doing of anything by the Council includes a reference to the passing of a resolution of the Council by written means which authorises the doing of that thing.

[19/2008]

Expenses of members

65. No fees shall be paid to any member of the Council but a member may be reimbursed from the funds of the Society for out-of-pocket and travelling expenses incurred by him in relation to the affairs of the Society.

Proceedings of Council, Review Committee and Inquiry Committee to be confidential

66.

—(1) Except insofar as may be necessary for the purpose of giving effect to any resolutions or decisions of the Council and any Review Committee or Inquiry Committee, confidentiality shall be maintained in all proceedings conducted by the Council, its staff and the Review Committee or Inquiry Committee.

[15/89; 19/2008]

(2) Notwithstanding subsection (1), the Chief Justice or the Attorney-General may require the Council to disclose to him any matter or information relating to any complaint of misconduct or disciplinary action against any advocate and solicitor.

[41/93]

Division 8 — General meetings of Society

Annual general meeting

67.

—(1) The Council shall each year convene an annual general meeting which shall be held in the month of October of that year.

(2) At least 10 days’ prior notice of the annual general meeting shall be given to all members of the Society.

[41/93]

(3) Notwithstanding section 54, every Council that ceases to hold office on 31st December in each year shall cause to be prepared and presented to the annual general meeting —

(a)

a report on the activities of the Society; and

(b)

proper accounts, duly audited, of all funds, property and assets of the Society,

for the year terminating on 31st December immediately preceding that general meeting.

Extraordinary general meeting

68.

—(1) The Council may convene a general meeting of the Society other than the annual general meeting at such time or times as the Council thinks expedient or necessary.

(2) Any 25 members of the Society may at any time requisition a general meeting by written notice in that behalf signed by them and deposited with the President or a Vice-President of the Society and the Council shall convene a general meeting to be held within 30 days of the deposit.

(3) Such written notice shall specify the object or objects of the proposed meeting.

(4) If the Council fails to convene a general meeting in accordance with the requisition 14 days after such deposit, to be held within 30 days after the deposit, the requisitioning members may convene that general meeting within 2 months after the deposit.

Voting

69. At every general meeting, every practitioner member present shall have one vote, and the chairman of that meeting shall also have a casting vote.

Convening and procedure

70.

—(1) The manner of convening general meetings of the Society and the procedure thereat shall, subject to the provisions of this Act, be regulated by by-laws made by the Society.

(2) The by-laws made under this section shall not provide for a quorum at a general meeting other than the annual general meeting of less than 50 practitioner members personally present.

PART VI

PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE OF SOLICITORS

Rules as to professional practice, etiquette, conduct and discipline

71.

—(1) Without prejudice to any other power to make rules, the Council may make rules for regulating the professional practice, etiquette, conduct and discipline of advocates and solicitors, including rules empowering the Council to take such action as may be necessary to enable the Council to ascertain whether or not the rules are being complied with.

[20/2007]

(2) Such rules shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other Judges before giving his approval.

(3) Disciplinary proceedings may be taken against any advocate and solicitor who contravenes any rules made under this section.

Rules as to keeping of accounts by solicitors

72.

—(1) The Council may make rules —

(a)

as to the opening and keeping by solicitors of accounts at banks for clients’ money;

(b)

as to the keeping by solicitors of accounts containing particulars and information as to moneys received, held or paid by them for or on account of their clients;

(c)

as to the opening and keeping by every solicitor who is a sole trustee, or who is co-trustee only with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is such a sole trustee or co-trustee;

(d)

as to the keeping by every solicitor referred to in paragraph (c) of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any trust referred to in that paragraph;

(da)

as to the circumstances in which, and the manner by which, the Council may prohibit a solicitor from authorising or effecting any withdrawal of money from any account referred to in paragraph (a) or (c), whether such withdrawal is authorised or effected by the solicitor signing any cheque or other instrument or otherwise; and

(e)

empowering the Council to take such action as may be necessary to enable them to ascertain whether or not the rules are being complied with.

[19/2008]

(2) Any rules made under this section may provide for the manner in which the matters referred to in subsection (1) shall apply to law corporations or to limited liability law partnerships.

(3) Any rules made under this section shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other Judges before giving his approval.

(4) Disciplinary proceedings may be taken against any solicitor who contravenes any rules made under this section.

Accountant’s report

73.

—(1) Subject to subsection (1A), every solicitor shall with every application made by him for a practising certificate, unless he satisfies the Council that owing to the circumstances of his case it is unnecessary to do so, deliver to the Registrar a report signed by an accountant (referred to in this section as an accountant’s report) and shall deliver a copy of the accountant’s report to the Society.

[19/2008]

(1A) A solicitor shall not be required to deliver an accountant’s report under subsection (1) in respect of any practice of Singapore law by him in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.

[19/2008]

(2) If a solicitor practised in a Singapore law practice during such accounting period as may be specified in the accountant’s report to be delivered by him, the report shall —

(a)

state that in compliance with this section and rules made thereunder the accountant has examined the books, accounts and documents of the Singapore law practice for the said accounting period;

(b)

state whether or not the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period the Singapore law practice has complied with any rules made under section 72(1)(a) and (b);

(c)

state, if the accountant is not satisfied as aforesaid, the matters in respect of which he is not so satisfied;

(d)

contain such information as may be prescribed by rules made by the Council under this section; and

(e)

be delivered to the Society not more than 6 months (or such other period as may be prescribed by any rules made under this section) after the end of the said accounting period.

[4/2000; 41/2005; 19/2008]

(3) Subject to any rules made under this section, the accounting period for the purposes of an accountant’s report shall —

(a)

begin at the expiry of the last preceding accounting period for which an accountant’s report has been delivered;

(b)

cover not less than 12 months;

(c)

terminate not more than 12 months, or such shorter period as the said rules may prescribe, before the date of the delivery of the report to the Society; and

(d)

where possible, consistently with paragraphs (a), (b) and (c), correspond to a period or consecutive periods for which the accounts of the Singapore law practice in which the solicitor practised are ordinarily made up.

[4/2000; 41/2005; 19/2008]

(4) The Council shall make rules to give effect to this section, and such rules shall prescribe —

(a)

what qualification shall be held by an accountant by whom an accountant’s report may be given; and

(b)

the nature and extent of the examination to be made by an accountant, with a view to the signing of an accountant’s report to be delivered by a solicitor, of —

(i)

the books and accounts of the Singapore law practice in which the solicitor practised; and

(ii)

any other relevant documents.

[4/2000; 41/2005; 19/2008]

(5) Such rules may include provision for —

(a)

permitting in such special circumstances as may be defined in the rules a different accounting period from that specified in subsection (3); and

(b)

regulating any matters of procedure or matters incidental, ancillary or supplemental to this section.

(6) Rules made under this section shall not come into operation until they have been approved by the Chief Justice who shall consult the Attorney-General and may, if he thinks fit, consult any of the other Judges before giving his approval.

(7) Disciplinary proceedings may be taken against any solicitor who fails to comply with this section or any rules made thereunder.

(8) This section shall not apply to a solicitor who applies for a practising certificate to practise as a locum solicitor.

[23/2004]

Intervention in solicitor’s practice

74.

—(1) Subject to subsection (2), the powers conferred by Part II of the First Schedule shall be exercisable in the circumstances specified in Part I of that Schedule.

a foreign lawyer registered by the Attorney-General under section 130I, in respect of the foreign lawyer’s practice of Singapore law; and

(b)

a solicitor registered by the Attorney-General under section 130N, in respect of the solicitor’s practice of Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.

(3) The Minister may, after consulting the Attorney-General, make rules to prescribe the modifications to be made to the First Schedule for the purposes of subsection (2).

[19/2008]

Compensation Fund

75.

—(1) The Society shall maintain and administer in accordance with this section a fund to be known as the Compensation Fund (referred to in this section as the Fund).

(2) Every solicitor shall, in each year prior to his application for a practising certificate, pay to the Society a contribution of such sum not exceeding $200 as the Council may, from time to time, determine and the Society shall pay that contribution to the Fund.

(3) A solicitor who applies for a practising certificate between 1st October in any year and 31st March in the next year shall be required to pay only half the contribution determined under subsection (2) if the practising certificate for which he proposes to make an application will remain in force for less than 6 months.

shall, while his registration referred to in paragraph (a) or his approval referred to in paragraph (b) continues in force, pay to the Society an annual contribution of such sum (not exceeding the amount applicable to solicitors under subsection (2)) as the Council may from time to time determine and the Society shall pay that contribution to the Fund.

(4) The Society may invest any moneys which form part of the Fund and are not immediately required for any other purposes.

(5) For the purposes of this section, the Society shall have all the powers vested in trustees under the law for the time being in force in Singapore.

(6) The Society may borrow for the purposes of the Fund from any lender and may charge any investments of the Fund by way of security for such a loan.

(7) The Society may insure with any person authorised by law to carry on insurance business within Singapore for such purpose and on such terms as the Society may consider expedient in relation to the Fund.

(8) There shall be carried to the credit of the Fund —

(a)

all annual contributions paid to the Society pursuant to subsection (2);

(b)

all interest, dividends and other income or accretions of capital arising from the investments of the Fund;

(c)

the proceeds of any realisation of any investments of the Fund;

(d)

all moneys borrowed for the purposes of the Fund;

(e)

all sums received by the Society under any insurance effected by the Society under subsection (7); and

(f)

any other moneys which may belong or accrue to the Fund or be received by the Council in respect thereof.

(9) All moneys from time to time forming part of the Fund and all investments of the Fund shall be applicable —

(a)

for payment of any costs, charges and expenses of establishing, maintaining, administering and applying the Fund;

(b)

for payment of any costs, charges and expenses of the Council in ascertaining whether the rules made under section 72 have been complied with, pursuant to the powers given by those rules;

(c)

for payment of any premiums on insurances effected by the Society under subsection (7);

(d)

for repayment of any moneys borrowed by the Society and for payment of interest on any moneys so borrowed;

(e)

for payment of any grants which the Society may make under subsection (11); and

(f)

for payment of any other sums properly payable out of the Fund by virtue of this section.

(10) If in any year there has been neither an application for a grant from the Fund nor a grant made from the Fund, the Council may, in its discretion, transfer from the Fund all interest, dividends and other accretions of capital arising from the Fund or any part thereof to a fund of the Society established for the purposes of purchasing or maintaining a library for the use of the members of the Society.

(11) Where it is proved to the satisfaction of the Council that any person has sustained loss in consequence of dishonesty on the part of —

(a)

any solicitor or employee of a solicitor in connection with that solicitor’s practice in Singapore as a solicitor or in connection with any trust in Singapore of which that solicitor is a trustee;

(b)

any officer or employee of a law corporation in connection with legal services performed in Singapore by the law corporation;

(c)

any partner, officer or employee of a limited liability law partnership in connection with legal services performed in Singapore by the limited liability law partnership; or

(d)

any foreign lawyer referred to in subsection (3A) or employee of such a foreign lawyer in connection with that foreign lawyer’s practice in a Singapore law practice,

then subject to this section, the Society may, if the Council thinks fit, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.

[41/2005; 20/2007; 19/2008]

(12) A grant may be made under this section whether or not the solicitor had in force a practising certificate when the act of dishonesty was committed and notwithstanding that subsequent to the commission of that act the solicitor has died or had his name removed from or struck off the roll or has ceased to practise or been suspended from practice or the law corporation or limited liability law partnership had wound up, as the case may be.

[4/2000; 41/2005]

(12A) A grant may be made under this section notwithstanding that subsequent to the commission of that act of dishonesty the foreign lawyer has died or his registration or approval referred to in subsection (3A) has been cancelled or suspended or has expired.

[20/2007]

(13) On the making by the Society of any grant under this section to any person in respect of any loss —

(a)

the Society shall, to the amount of the grant, be subrogated to any rights and remedies in respect of the loss of the person to whom the grant is made or of the solicitor, foreign lawyer, clerk or servant; and

(b)

the person to whom the grant is made shall have no right under bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the solicitor, foreign lawyer, clerk or servant in respect of the loss until the Society has been reimbursed the full amount of its grant.

[20/2007]

(14) References in subsection (13)(a) and (b) to the person to whom the grant is made or to the solicitor, foreign lawyer, clerk or servant shall include, in the event of his death, insolvency or other disability, references to his personal representative or any other person having authority to administer the estate.

[20/2007]

(15) The Council may make rules with respect to the procedure to be followed in giving effect to this section and with respect to any matters incidental, ancillary or supplemental to these provisions or concerning the administration or protection of the Fund.

(16) No grant shall be made under this section in respect of any loss unless notice of the loss is received by the Society in such manner and within such time after the loss first came to the knowledge of the person sustaining the loss as may be prescribed by the rules.

Professional indemnity

75A.

—(1) The Council may make rules concerning indemnity against loss arising from claims in respect of civil liability incurred —

(a)

by an advocate and solicitor or a former advocate and solicitor in connection with his practice or with any trust of which he is or formerly was a trustee;

(b)

by an employee or a former employee of an advocate and solicitor or of a former advocate and solicitor in connection with the practice of that advocate and solicitor or with any trust of which that advocate and solicitor or the employee is or formerly was a trustee; and

(c)

by a law corporation or a limited liability law partnership in connection with legal services performed by it or with any trust of which it is a trustee.

[10/91; 4/2000; 41/2005]

(2) For the purposes of providing such indemnity, such rules may —

(a)

authorise or require the Society to establish and maintain one or more funds;

(b)

authorise or require the Society to take out and maintain insurance with authorised insurers; or

(c)

require all advocates and solicitors making application for a practising certificate and all law corporations and limited liability law partnerships to take out and maintain insurance with authorised insurers.

specify the terms and conditions on which indemnity is to be available, and any circumstances in which the right to it is to be excluded or modified;

(b)

provide for the management, administration and protection of any fund maintained by virtue of subsection (2)(a) and require all advocates and solicitors who have in force practising certificates and all law corporations and limited liability law partnerships to make payments to any such fund;

(c)

require all advocates and solicitors who have in force practising certificates and all law corporations and limited liability law partnerships to make payments by way of premium on any insurance policy maintained by the Society by virtue of subsection (2)(b);

(d)

prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (2)(c);

(e)

authorise the Council to determine the amount of any premiums or payments required by such rules, subject to such limits, or in accordance with such provisions, as may be prescribed by those rules;

(f)

specify circumstances in which, where an advocate and solicitor or a law corporation or a limited liability law partnership for whom indemnity is provided has failed to comply with such rules or to make payment for such indemnity, the Society or the insurers may take proceedings against the advocate and solicitor or the law corporation or the limited liability law partnership in respect of sums paid by way of indemnity in connection with a matter in relation to which the advocate and solicitor or the law corporation or the limited liability law partnership has failed to comply;

(g)

specify the circumstances in which advocates and solicitors or law corporations or limited liability law partnerships are exempt from such rules; and

(h)

empower the Council to take such steps as it considers necessary or expedient to ascertain whether or not the rules are being complied with.

[10/91; 4/2000; 41/2005; 20/2007]

(4) Rules made under this section shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other Judges before giving his approval.

[10/91]

(5) The Society shall have power to carry into effect any arrangements which it considers necessary or expedient for the purpose of providing indemnity under this section.

[10/91]

(6) Nothing in this section shall affect the right of any advocate and solicitor or law corporation or limited liability law partnership, in addition to the indemnity provided in rules made under this section, to insure himself or the law corporation or the limited liability law partnership further against loss arising from such claims as may be instituted against him or the law corporation or the limited liability law partnership.

[41/2005]

(7) Disciplinary proceedings may be taken against any advocate and solicitor who contravenes any rules made under this section.

[20/2007]

Redress for inadequate professional services

75B.

—(1) Subject to subsection (2), the Second Schedule shall have effect with respect to the provision by solicitors of services on or after 1st September 1998 which are not of the quality which it is reasonable to expect of them.

[40/96; 19/2008]

(2) The Second Schedule and any rules made under paragraph 11 of that Schedule shall apply, with such modifications as may be prescribed under subsection (3), to the provision, by a solicitor registered by the Attorney-General under section 130N, on or after 19th September 2008, of services which —

(a)

are rendered in connection with his practice of Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; and

(b)

are not of the quality which it is reasonable to expect of him.

[19/2008]

(2A) The Second Schedule and any rules made under paragraph 11 of that Schedule shall apply, with such modifications as may be prescribed under subsection (3), to the provision, by a foreign lawyer registered by the Attorney-General under section 130I, on or after the date of commencement of section 15 of the Legal Profession (Amendment)Act 2011, of services which —

(a)

are rendered in connection with his practice of Singapore law; and

(b)

are not of the quality which it is reasonable to expect of him.

(3) The Minister may, after consulting the Attorney-General, make rules to prescribe the modifications to be made to the Second Schedule and any rules made under paragraph 11 of that Schedule for the purposes of subsections (2) and (2A).

[8/2011 wef 03/05/2011]

[19/2008]

Qualification to practise as sole proprietor, partner or director of Singapore law practice

75C.

—(1) No solicitor may practise in a Singapore law practice as a solicitor on his own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation unless he —

(a)

has successfully completed such legal practice management course within such time as the Council may by rules made under section 71 prescribe; and

(b)

has, since being admitted as a solicitor, been employed for not less than 3 continuous years or 3 years out of a continuous period of 5 years in a Singapore law practice; or

(c)

has been employed as a relevant legal officer for not less than 3 continuous years or 3 years out of a continuous period of 5 years.

(2) The Council may, with the approval of the Minister, exempt a solicitor from subsection (1)(a) or shorten any period referred to in subsection (1)(b) and (c) if it is satisfied that the solicitor has gained substantial experience in law in Singapore or elsewhere.

[40/96]

(3) Paragraphs (b) and (c) of subsection (1) shall not apply to a solicitor who was admitted as a solicitor before 1st March 1997.

[20/2007]

(4) This section shall not apply to a solicitor who has before 9th March 2007 been in practice in a Singapore law practice as a solicitor on his own account or in partnership (whether in a law firm or a limited liability law partnership) or as a director of a law corporation.

[20/2007; 19/2008]

(4A) [Deleted by Act 20 of 2007]

(5) Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

[40/96; 20/2007]

(6) [Deleted by Act 20/2009 wef 09/10/2009]

Qualification to use title of consultant

75D.

—(1) Subject to subsection (1A), no solicitor shall take or use the title of consultant unless he has, for a period of not less than 10 years in the aggregate, been —

(1A) Where any person who is both a solicitor and a foreign lawyer is qualified under any rules made under section 130W to take or use the title of consultant in relation to his capacity as a foreign lawyer, nothing in subsection (1) shall affect his qualification to use that title in relation to that capacity.

(2) Any solicitor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

[40/96; 20/2007]

Solicitors who are commissioners for oaths or notaries public

76. No solicitor who is a commissioner for oaths or a notary public shall do any act as such commissioner or notary, as the case may be, unless he has in force a practising certificate.

Solicitor not to act as agent for any unauthorised person

77.

—(1) No solicitor shall —

(a)

wilfully and knowingly act as agent for any unauthorised person in any legal proceeding of whatsoever kind or in any matter which under this Act can be done only by a solicitor who has in force a practising certificate;

(b)

permit his name to be made use of in any such proceeding or matter upon the account or for the profit of any unauthorised person; or

(c)

send any process to any unauthorised person, or do any other act enabling any unauthorised person to appear, act or practise or purport to practise in any respect as a solicitor in any such proceeding or matter.

(2) No solicitor shall authorise any unauthorised person to operate any bank account in the name of the solicitor or the Singapore law practice in which he practises and maintained by the solicitor or the Singapore law practice in which he practises in connection with his practice as a solicitor.

[4/2000; 41/2005; 19/2008]

(3) Disciplinary proceedings may be taken against any solicitor who has acted in contravention of subsection (1) or (2).

(4) Any unauthorised person who was enabled by a solicitor to act or practise or purport to practise as a solicitor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months.

[20/2007]

(5) In this section, “unauthorised person” has the meaning assigned to it in section 32.

Solicitors’ clerks

78.

—(1) No solicitor shall in connection with his practice as such, without the consent of the court obtained on an application by originating summons served upon the Attorney-General and upon the Society, employ or remunerate any person who to his knowledge is an undischarged bankrupt or has been —

(a)

struck off a roll of legal practitioners by whatever name called otherwise than at his own request in Singapore or in any part of Malaysia or elsewhere and remains struck off;

(b)

suspended from practising as an advocate and solicitor in Singapore or in any part of Malaysia or elsewhere and remains suspended;

a person in respect of whom an order under subsection (4) has been made.

[40/96]

(2) No solicitor shall in connection with his practice as such, without the consent of the Attorney-General, employ or remunerate any person who to his knowledge had been employed as a public officer.

[40/96]

(3) Subsection (2) shall not apply to any public officer who is an advocate and solicitor or a qualified person or in respect of whom the consent of the court or the Attorney-General had previously been obtained under subsection (1) or (2), as the case may be.

[40/96]

(4) On application made by or on behalf of the Attorney-General or the Society, the court may make an order directing that, as from a date to be specified in the order, no solicitor shall, in connection with his practice as such, employ or remunerate any person, the subject of the application, who —

(a)

has been a party to any act or default of a solicitor in respect of which a complaint has been or might properly have been made against that solicitor under the provisions of this Act; or

(b)

has so conducted himself while employed by a solicitor that, had he himself been a solicitor, his conduct might have formed the subject of a complaint under the provisions of this Act against him.

(5) Every application under subsection (4) shall be served upon the person in respect of whom it is made and upon his employer or previous employer if his employer or previous employer is a solicitor not less than 10 days before the application is to be heard.

(6) Every order made under subsection (4) shall be filed in a file to be kept for this purpose by the Registrar, and the file may be inspected by any solicitor without fee.

(7) Before a solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall —

(a)

require the person to make a statutory declaration to show that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in subsection (1)(a) to (f) and had not been employed as a public officer and that he is not a person in respect of whom an order has been made under subsection (4); and

(b)

within 14 days of commencing to employ the person, deliver to the Society a certified copy of the statutory declaration so made.

[40/96]

(8) Disciplinary proceedings may be taken against any solicitor who acts in contravention of this section.

Acting for housing developer and purchaser prohibited

79.

—(1) Where a solicitor acts for a housing developer in a sale of immovable property developed under a housing development, no specified person shall, in the sale of any immovable property developed under the same housing development, act for the purchaser of the property unless a certificate of fitness for occupation in respect thereof has been issued by the Commissioner of Building Control or other relevant authority.

“sale of immovable property” includes the grant of a lease for a term exceeding 3 years;

“specified person”, in relation to a solicitor, means —

(a)

the solicitor himself;

(b)

any member or assistant of the firm of which the solicitor is a member either as a partner, a consultant or an employee;

(c)

any director or employee of the law corporation of which the solicitor is a director or an employee; or

(d)

any partner or employee of the limited liability law partnership of which the solicitor is a partner or an employee.

[4/2000; 41/2005]

(3) Subsection (1) is without prejudice to any law affecting solicitors who act for parties where there is a conflict of interest or where a conflict of interest may arise.

(4) Disciplinary proceedings may be taken against any solicitor who acts in contravention of subsection (1).

Account by solicitor

80.

—(1) Where the relationship of solicitor and client exists, or has existed, an originating summons may be issued by the client or his representatives for the delivery of a cash account, or the payment of moneys, or the delivery of securities.

[42/2005]

(2) The court or a Judge may order the solicitor to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into court the whole or any part of the same, within such time as the court or a Judge orders.

[42/2005]

(3) In the event of the solicitor alleging that he has a claim for costs, the court or a Judge may make such provision for the payment or security thereof or the protection of the solicitor’s lien, if any, as the court or a Judge thinks fit.

[42/2005]

Interim certificate

81.

—(1) If, during the taxation of any bill of costs or the taking of any account between solicitor and client, it appears to the Registrar that there must in any event be moneys due from the solicitor or law corporation or limited liability law partnership to the client, the Registrar may make an interim certificate as to the amount so payable by the solicitor or law corporation or limited liability law partnership.

[4/2000; 41/2005]

(2) Upon the filing of such certificate, the court or a Judge may order the moneys so certified to be immediately paid to the client or brought into court.

(3) Subject to the provisions of this Part, the Council may, on receiving an application in respect of a company or a proposed company under this section, approve the company or proposed company as a law corporation if —

(a)

the memorandum of association of the company or proposed company provides that the primary object of the company or proposed company is to supply legal services and such other class of services as may be prescribed; and

(b)

the articles of association of the company or proposed company provide for such matters as may be prescribed.

[4/2000]

(4) If the Council gives approval for a proposed company to be a law corporation, the approval shall not take effect until the company is registered and incorporated under the Companies Act (Cap. 50).

[4/2000]

Name of law corporation

81C.

—(1) The Council shall not approve the name or proposed name of a law corporation which in its opinion —

(a)

is misleading or detracts from the dignity of an honourable profession;

(b)

is so similar to that of an existing law corporation, limited liability law partnership, law firm or group practice as to be likely to be confused with it; or

(c)

is inconsistent with any of the provisions of any rules on publicity made under section 71(1).

[4/2000; 41/2005]

(2) Notwithstanding section 27 of the Companies Act, a law corporation which is a limited company need not have the word “Limited” or “Berhad” as part of its name and a law corporation which is a private company need not have the word “Private” or “Sendirian” as part of its name.

[4/2000]

(3) Every law corporation shall have either the words “Law Corporation” or the acronym “LLC” as part of its name and no person, firm or group practice other than an approved law corporation shall have such words as part of its name.

[4/2000]

(4) The directors of a law corporation shall ensure that every invoice or official correspondence of the law corporation bears the statement that it is incorporated with limited liability.

[4/2000]

(5) No name of a law corporation may be changed without the prior approval in writing of the Council.

[4/2000]

(6) Notwithstanding anything in this section or section 27 of the Companies Act (Cap. 50), where the Council is satisfied that the name of a law corporation has been approved (whether through inadvertence or otherwise and whether originally or by change of name) in contravention of subsection (1), the Council may direct the law corporation to change its name and the law corporation shall comply with that direction within 6 weeks from the date of the direction or such longer period as the Council may allow.

[4/2000]

Effect of company becoming law corporation

81D.

—(1) A law corporation is authorised to do anything that a solicitor can do by law and is required to do all that a solicitor is required to do by law.

[4/2000]

(2) Subsection (1) shall not apply to the doing of anything that can only be done by a solicitor as a natural person.

[4/2000]

(3) A solicitor who provides legal services as a director or an employee of a law corporation shall be subject to the same standards of professional conduct and competence in respect of such services as if he were personally providing the legal services as a solicitor in a law firm.

[4/2000]

(4) The mere fact that a solicitor personally provides legal services as a director or an employee of a law corporation shall not affect the personal liability of that solicitor at law.

[4/2000]

Relationship between client and law corporation

81E.

—(1) A law corporation shall have the same rights and shall be subject to the same fiduciary, confidential and ethical requirements with respect to each client of the law corporation that exist at law with respect to a solicitor and his client.

[4/2000]

(2) Solicitor-client privilege exists between a law corporation and a client of the corporation in the same way as it exists between a solicitor and his client and extends to every solicitor who is an officer or employee of the corporation.

—(1) An act or omission of a solicitor may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the solicitor provides legal services through a law corporation.

[4/2000]

(2) The directors of the law corporation who are solicitors shall be jointly liable to disciplinary proceedings under this Act if the business of the law corporation is conducted in a manner unbefitting an honourable profession and where such conduct cannot be attributed to the act or omission of a particular solicitor or solicitors whose identity is known.

[4/2000]

(3) A director or an employee of a law corporation who is a solicitor (whether or not he has in force a practising certificate) shall not —

(a)

hold shares in any other law corporation;

(b)

be a director or a consultant or an employee of any other law corporation;

(c)

be a partner or a consultant or an employee of any law firm or limited liability law partnership; or

(d)

practise as a solicitor on his own account.

[4/2000; 41/2005]

(4) Subsection (3) shall not prevent a locum solicitor engaged by a law corporation from concurrently practising as a locum solicitor in another law corporation or any law firm or limited liability law partnership.

[23/2004; 41/2005]

Requirements as to alteration of memorandum or articles of association

81G. The directors of a law corporation must ensure at all times that any amendment or alteration to its memorandum or articles of association must comply with all the requirements with respect to law corporations in this Act.

[4/2000]

Shares of law corporation

81H.

—(1) No person shall transfer or dispose of any shares in a law corporation except in accordance with this section and the rules made under section 81N.

[4/2000]

(2) All the shares in a law corporation shall be held by solicitors subject to any rules made under section 81N as to any shares or proportion of shares in a law corporation which may be held by such other persons or class of persons as may be prescribed.

[4/2000]

(3) No share in a law corporation may be held by a person as nominee for another person.

[4/2000]

(4) Except with the prior approval of the Council or in circumstances prescribed in the rules made under section 81N, any person who holds shares in a law corporation shall not —

(a)

hold shares in any other law corporation;

(b)

be a director or a consultant or an employee of any other law corporation;

(c)

be a partner or a consultant or an employee of any law firm or limited liability law partnership; or

(d)

practise as a solicitor on his own account.

[4/2000; 41/2005]

(5) No security may be created over any share in a law corporation.

[4/2000]

(6) A solicitor who, pursuant to disciplinary proceedings under this Act, is suspended from practice or struck off the roll, shall not hold any shares in a law corporation unless the Council, on the solicitor’s application, grants him a grace period to transfer or dispose of his shares in the law corporation.

[4/2000]

(7) Where a solicitor has been suspended from practice or struck off the roll pursuant to disciplinary proceedings under this Act, he shall not, directly or indirectly, take part or be concerned in the management or practice of a law corporation.

[4/2000]

(8) Any transfer or disposal made in contravention of subsections (1) to (6) shall be null and void.

[4/2000]

(9) Notwithstanding subsections (2) and (7), where a solicitor has for any reason ceased to hold a practising certificate, the Council may, upon application made by the solicitor or by the law corporation of which he is a member, grant him a grace period of not more than 2 years to transfer his shares in the law corporation.

[4/2000]

(10) The solicitor referred to in subsection (9) shall be treated as a solicitor for the purposes of computing the proportion of any class of shares in the law corporation held by solicitors.

[4/2000]

(11) Notwithstanding subsections (2) and (7), where a solicitor has by reason of death, bankruptcy or incapacity by reason of mental or physical disability ceased to hold a practising certificate, the Council may allow the executor or administrator of the solicitor’s estate or the committee of the person and estate or any other person to hold the solicitor’s shares in the law corporation of which he was or is a member for a grace period of not more than 2 years.

[4/2000]

(12) The grace period of not more than 2 years referred to in subsection (11) shall commence —

(a)

in the case of death, from the date the administrator is appointed or the date the probate or letters of administration are granted;

(b)

in the case of bankruptcy, from the date the solicitor is adjudged a bankrupt; or

(c)

in the case of incapacity by reason of mental or physical disability, from the date the solicitor becomes incapable to act.

[4/2000]

(13) The solicitor referred to in subsection (9) or the persons referred to in subsection (11) shall not, during the grace period of 2 years, exercise any voting rights attached to his shares in the law corporation or take part or be concerned in the management or practice of the law corporation.

(1A) In the case of a conflict between any provision of the Companies Act and any provision in this Part, the provision in this Part shall prevail unless otherwise expressly provided in this Part.

[41/2005]

(2) A law corporation shall, notwithstanding that the shares in the law corporation are held by more than 20 members, be deemed to be an exempt private company for the purposes of the Companies Act.

[4/2000]

(3) A law corporation shall not be treated for the purposes of the Companies Act as a public company merely because it has more than 50 members.

[4/2000]

(4) Such provisions of any other written law having effect in relation to solicitors or law firms or limited liability law partnerships as may be prescribed, shall have effect in relation to law corporations with such prescribed modifications as may be necessary or expedient; and such provisions shall be construed accordingly.

[41/2005]

(5) In this section, references to this Part include references to rules made under section 81N.

[41/2005]

Rules on law corporations

81N.

—(1) The Minister may, after consulting the Council, make rules for the purposes of this Part.

[4/2000]

(2) Without prejudice to the generality of subsection (1), any rules made thereunder may provide —

(a)

for prescribing anything which may be prescribed under this Part;

(b)

for restrictions to be imposed on persons or classes of persons who may become officers of a law corporation or who may hold shares in a law corporation and on the proportion of shares in a law corporation which may be held by such persons or classes of persons;

(c)

for the payment of fees on applications made under this Part or any rules made thereunder and for related matters;

(d)

for the keeping of accounts by a law corporation and for the matters set out in section 72;

(e)

for exempting any person or class of persons from any provision of this Part; and

(f)

for such incidental, consequential or supplementary provisions as may be necessary or expedient.

[4/2000]

Reference in other written law

81O. In any other written law, any reference to a solicitor, an advocate or an advocate and solicitor shall, with such necessary modifications or exceptions as may be prescribed under section 81N, be construed as including a reference to a law corporation.

[4/2000]

PART VIB

LIMITED LIABILITY LAW PARTNERSHIPS

Interpretation of this Part

81P. In this Part, unless the context otherwise requires —

“law firm”, “legal services” and “solicitor” have the same meanings as are assigned to them in section 81A;

—(1) A solicitor who wishes to have a limited liability partnership or a proposed limited liability partnership approved as a limited liability law partnership shall apply to the Council for approval —

(a)

of the limited liability partnership as a limited liability law partnership; and

(b)

of the name or proposed name of the limited liability law partnership.

(3) If the Council gives approval for a proposed limited liability partnership to be a limited liability law partnership, the approval shall not take effect until the limited liability partnership is registered under the Limited Liability Partnerships Act.

[41/2005]

Name of limited liability law partnership

81R.

—(1) The Council shall not approve the name or proposed name of a limited liability law partnership which in its opinion —

(a)

is misleading or detracts from the dignity of an honourable profession;

(b)

is so similar to that of an existing law corporation, limited liability law partnership, law firm or group practice as to be likely to be confused with it; or

(c)

is inconsistent with any of the provisions of any rules on publicity made under section 71(1).

[41/2005]

(2) The partners of a limited liability law partnership shall ensure that every invoice or official correspondence of the limited liability law partnership bears the statement that it is incorporated with limited liability.

[41/2005]

(3) No name of a limited liability law partnership may be changed without the prior approval in writing of the Council.

[41/2005]

(4) Notwithstanding anything in this section or section 19 of the Limited Liability Partnerships Act (Cap. 163A), where the Council is satisfied that the name of a limited liability law partnership has been approved (whether through inadvertence or otherwise and whether originally or by change of name) in contravention of subsection (1), the Council may direct the limited liability law partnership to change its name and the limited liability law partnership shall comply with that direction within 6 weeks from the date of the direction or such longer period as the Council may allow.

[41/2005]

Effect of becoming limited liability law partnership

81S.

—(1) A limited liability law partnership is authorised to do anything that a solicitor can do by law and is required to do all that a solicitor is required to do by law.

[41/2005]

(2) Subsection (1) shall not apply to the doing of anything that can only be done by a solicitor as a natural person.

[41/2005]

(3) A solicitor who provides legal services as a partner or an employee of a limited liability law partnership shall be subject to the same standards of professional conduct and competence in respect of such services as if he were personally providing the legal services as a solicitor in a law firm.

[41/2005]

(4) The mere fact that a solicitor personally provides legal services as a partner or an employee of a limited liability law partnership shall not affect the personal liability of that solicitor at law.

[41/2005]

Relationship between client and limited liability law partnership

81T.

—(1) A limited liability law partnership shall have the same rights and shall be subject to the same fiduciary, confidential and ethical requirements with respect to each client of the limited liability law partnership that exist at law with respect to a solicitor and his client.

[41/2005]

(2) Solicitor-client privilege exists between a limited liability law partnership and a client of the limited liability law partnership in the same way as it exists between a solicitor and his client and extends to every solicitor who is a partner, an officer or an employee of the limited liability law partnership.

—(1) An act or omission of a solicitor may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the solicitor provides legal services through a limited liability law partnership.

[41/2005]

(2) The partners of the limited liability law partnership who are solicitors shall be jointly liable to disciplinary proceedings under this Act if the business of the limited liability law partnership is conducted in a manner unbefitting an honourable profession and where such conduct cannot be attributed to the act or omission of a particular solicitor or solicitors whose identity is known.

[41/2005]

(3) A partner or an employee of a limited liability law partnership who is a solicitor (whether or not he has in force a practising certificate) shall not —

(a)

hold shares in any law corporation;

(b)

be a director or a consultant or an employee of any law corporation;

(c)

be a partner or a consultant or an employee of any law firm or another limited liability law partnership; or

(d)

practise as a solicitor on his own account.

[41/2005]

(4) Subsection (3) shall not prevent a locum solicitor engaged by a limited liability law partnership from concurrently practising as a locum solicitor in another limited liability law partnership or any law firm or law corporation.

[41/2005]

Effect of disciplinary action

81V. Where a solicitor has been suspended from practice or struck off the roll pursuant to disciplinary proceedings under this Act, he shall not be a manager of a limited liability law partnership.

(3) An application to wind up a limited liability law partnership on a ground specified in subsection (1) may be made only by the Attorney-General or the Council.

[41/2005]

Right of appeal against decisions of Council under this Part

81X.

—(1) An applicant, for approval by the Council of —

(a)

a limited liability partnership or proposed limited liability partnership as a limited liability law partnership; or

(b)

a change in the name of a limited liability law partnership,

may appeal to the High Court against a decision of the Council.

[41/2005]

(2) An applicant making an appeal under subsection (1) must comply with the rules made under section 81ZB for the purposes of this section.

[41/2005]

(3) On the hearing of an appeal under this section, the High Court may —

(a)

confirm the decision of the Council; or

(b)

direct the Council to grant the application for approval, either unconditionally or subject to conditions specified by the Court,

and may make such order as to the payment of costs by the Council or by the applicant as it thinks fit.

[41/2005]

Register of limited liability law partnerships

81Y.

—(1) The Council is required —

(a)

to keep a register of all limited liability law partnerships approved under section 81Q in such form and manner as the Council thinks fit and to have custody of the register and all documents relating to it; and

(b)

to allow any person to inspect the register in such manner as the Council thinks fit.

[41/2005]

(2) The Council is required to enter in the register of limited liability law partnerships the name of every limited liability law partnership approved under section 81Q.

[41/2005]

(3) The Council may cancel the registration of a limited liability law partnership which has ceased providing legal services or which has been wound up.

[41/2005]

This Part to prevail over inconsistent provisions of limited liability partnership agreement

81Z. This Part and any rules made under section 81ZB for the purposes of this Part shall prevail over any inconsistent provision of the limited liability partnership agreement of a limited liability law partnership.

[41/2005]

Application of Limited Liability Partnerships Act and other written law to limited liability law partnerships

(2) In the case of a conflict between any provision of the Limited Liability Partnerships Act and any provision in this Part, the provision in this Part shall prevail unless otherwise expressly provided in this Part.

[41/2005]

(3) Such provisions of any other written law having effect in relation to solicitors or law firms or law corporations as may be prescribed, shall have effect in relation to limited liability law partnerships with such prescribed modifications as may be necessary or expedient; and such provisions shall be construed accordingly.

[41/2005]

(4) In this section, references to this Part include references to rules made under section 81ZB.

[41/2005]

Rules on limited liability law partnerships

81ZB.

—(1) The Minister may, after consulting the Council, make rules for the purposes of this Part.

[41/2005]

(2) Without prejudice to the generality of subsection (1), any rules made thereunder may provide —

(a)

for prescribing anything which may be prescribed under this Part;

(b)

for restrictions to be imposed on persons or classes of persons who may be partners in or officers of a limited liability law partnership;

(c)

for the payment of fees on applications made under this Part or any rules made thereunder and for related matters;

(d)

for the keeping of accounts by a limited liability law partnership and for the matters set out in section 72;

(e)

for exempting any person or class of persons from any provision of this Part; and

(f)

for such incidental, consequential or supplementary provisions as may be necessary or expedient.

[41/2005]

Reference in other written law

81ZC. In any other written law, any reference to a solicitor, an advocate or an advocate and solicitor shall, with such necessary modifications or exceptions as may be prescribed under section 81ZB, be construed as including a reference to a limited liability law partnership.

[41/2005]

PART VII

DISCIPLINARY PROCEEDINGS

Jurisdiction of Supreme Court over solicitors and Legal Service Officers

82.

—(1) Any person duly admitted as an advocate and solicitor and any Legal Service Officer shall be an officer of the Supreme Court.

(2) The provisions of any written law which imposes on officers of the Supreme Court any restrictions as to practice as advocates or solicitors shall not apply to any advocate and solicitor by virtue only of subsection (1).

Disciplinary proceedings against Legal Service Officers and non-practising solicitors

82A.

—(1) This Part, with the exception of this section and sections 82, 90, 91, 91A, 94A, 98 to 102, 104, 105 and 106, shall not apply to any Legal Service Officer or any advocate and solicitor who does not at the time of the misconduct have in force a practising certificate (referred to in this section as a non-practising solicitor).

(3) Such due cause may be shown by proof that a Legal Service Officer or a non-practising solicitor, as the case may be —

(a)

has been guilty in Singapore or elsewhere of such misconduct unbefitting a Legal Service Officer or an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession; or

(4) No application for a Legal Service Officer or non-practising solicitor to be punished under this section shall be made unless leave has been granted by the Chief Justice for an investigation to be made into the complaint of misconduct against the Legal Service Officer or non-practising solicitor concerned.

(5) An application for such leave shall be made by ex parte originating summons and shall be accompanied by an affidavit setting out the allegations of misconduct against the Legal Service Officer or non-practising solicitor.

(6) Where the Chief Justice is of the opinion that the applicant has made out a prima facie case for an investigation into his complaint, the Chief Justice may grant such leave and appoint a Disciplinary Tribunal under section 90.

[19/2008]

(6A) Notwithstanding subsection (6), the Chief Justice may refuse to grant leave for an investigation to be made into a complaint of misconduct against a Legal Service Officer or non-practising solicitor if the application for such leave is made after the expiration of the period of —

(a)

6 years from the date of the alleged misconduct; or

(b)

where the complaint relates to any fraud alleged to have been committed by the Legal Service Officer or non-practising solicitor, 6 years from the earliest date on which the applicant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).

(9) Where the Disciplinary Tribunal finds that no cause of sufficient gravity for disciplinary action exists under this section against the Legal Service Officer or non-practising solicitor concerned, the Chief Justice shall dismiss the complaint.

(10) Where the Disciplinary Tribunal finds that cause of sufficient gravity for disciplinary action exists under this section against the Legal Service Officer or non-practising solicitor concerned, the Chief Justice may appoint an advocate and solicitor or a Legal Service Officer to apply by summons in the same proceedings for an order that the Legal Service Officer or the non-practising solicitor concerned be struck off the roll, prohibited from applying for a practising certificate, censured or otherwise punished.

prohibit him from applying for a practising certificate for such period not exceeding 5 years as it may specify;

(c)

order that his name be struck off the roll;

(d)

order him to pay a penalty of not more than $20,000; or

(e)

make such other order as it thinks fit.

[19/2008]

(13) The costs of and incidental to any proceedings under this section shall be in the discretion of the Disciplinary Tribunal, Judge or court hearing those proceedings.

[19/2008]

(13A) A Disciplinary Tribunal may, in making any order on costs under subsection (13), specify the amount of those costs or direct that the amount be taxed by the Registrar.

[19/2008]

(14) Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court (Cap. 322, R 5) may be followed as nearly as the circumstances permit.

(15) For the avoidance of doubt, nothing in this section shall prevent any Legal Service Officer from being subject to disciplinary action by the Legal Service Commission for any act or omission which constitutes a disciplinary offence under this section.

has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession;

(b)

has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of such a breach of any usage or rule of conduct made under section 130W(2)(u) as amounts to improper conduct or practice as a foreign lawyer registered by the Attorney-General under section 130I;

has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any other foreign lawyer registered by the Attorney-General under section 130I;

(e)

has, directly or indirectly, procured or attempted to procure the employment of himself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any other foreign lawyer registered by the Attorney-General under section 130I through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given;

(f)

has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;

(g)

has been guilty of such misconduct unbefitting a foreign lawyer registered by the Attorney-General under section 130I or as a member of an honourable profession;

(h)

carries on by himself or any person in his employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling;

(i)

has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or

(j)

has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in his capacity as a legal practitioner by whatever name called in any other country.

(3) Sections 85 to 99 and 103 to 106 shall apply, with the necessary modifications, to a foreign lawyer registered by the Attorney-General under section 130I as they apply to an advocate and solicitor registered by the Attorney-General under section 130N, except that in lieu of an order that he be struck off the roll or suspended from practice for a period not exceeding 5 years, an order may be made for his registration under section 130I to be cancelled or suspended for such period as the court may think fit.

[8/2011 wef 03/05/2011]

(4) In any proceedings instituted under this section against a foreign lawyer registered by the Attorney-General under section 130I, the court may in addition to the facts of the case take into account the past conduct of the foreign lawyer in order to determine what order should be made.

[8/2011 wef 03/05/2011]

(5) In any proceedings instituted under this section against a foreign lawyer registered by the Attorney-General under section 130I consequent upon the foreign lawyer’s conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Judges of the Supreme Court referred to in section 98 shall accept the foreign lawyer’s conviction as final and conclusive.

[8/2011 wef 03/05/2011]

Power to strike off roll, etc.

83.

—(1) All advocates and solicitors shall be subject to the control of the Supreme Court and shall be liable on due cause shown —

(2) Such due cause may be shown by proof that an advocate and solicitor —

(a)

has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession;

(b)

has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of such a breach of any usage or rule of conduct made by the Council under the provisions of this Act as amounts to improper conduct or practice as an advocate and solicitor;

(c)

has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 124(5)(a), (b), (c), (d), (e), (f), (h), (i), (k), (l) or (m) of the Bankruptcy Act (Cap. 20);

(d)

has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himself, of any other advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered by the Attorney-General under section 130I;

[8/2011 wef 03/05/2011]

(e)

has, directly or indirectly, procured or attempted to procure the employment of himself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered by the Attorney-General under section 130I through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given;

[8/2011 wef 03/05/2011]

(f)

has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;

(g)

[Deleted by Act 8/2011 wef 03/05/2011]

(h)

has been guilty of such misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession;

(i)

carries on by himself or any person in his employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling;

(j)

has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or

(k)

has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in his capacity as a legal practitioner by whatever name called in any other country.

(3) Every practice trainee, and every qualified person in respect of whom an application under section 32(3) has been granted, shall, with the necessary modifications, be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that in lieu of any order that he be struck off the roll or suspended, an order may be made prohibiting him from applying to the court for admission as an advocate and solicitor until after a date specified in the order.

(4) The jurisdiction given by subsection (3) shall be exercised by a single Judge.

(5) In any proceedings under this Part, the court may in addition to the facts of the case take into account the past conduct of the person concerned in order to determine what order should be made.

(6) In any proceedings instituted under this Part against an advocate and solicitor consequent upon his conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Judges of the Supreme Court referred to in section 98 shall accept his conviction as final and conclusive.

[15/89; 41/93; 19/2008]

Appointment of Inquiry Panel

84.

—(1) For the purpose of enabling Inquiry Committees to be constituted in accordance with this Part, the Chief Justice shall appoint a panel (referred to hereinafter as the Inquiry Panel) consisting of such number of advocates and solicitors (whether in practice or not) and lay persons as the Chief Justice may determine.

[30/86; 15/89; 35/2001]

(2) An advocate and solicitor shall be eligible to be appointed as a member of the Inquiry Panel if he has not less than 7 years’ standing.

[19/2008]

(3) A member of the Inquiry Panel shall be appointed for a term of 2 years and shall be eligible for reappointment.

[15/89]

(4) The Chief Justice may at any time remove from office any member of the Inquiry Panel or fill any vacancy in its membership.

(5) The Chief Justice shall appoint, from among the members of the Inquiry Panel who are advocates and solicitors of not less than 12 years’ standing, the Chairman and the Deputy Chairman of the Inquiry Panel.

[19/2008]

Complaints against advocates and solicitors

85.

—(1) Any complaint of the conduct of an advocate and solicitor —

(a)

shall be made to the Society in writing;

(b)

shall include a statement by the complainant —

(i)

as to whether, to his knowledge, any other complaint has been made to the Society against the advocate and solicitor, by him or by any other person, which arises from the same facts as his complaint; and

(ii)

if so, setting out such particulars of each such complaint as the Council may require and he is able to provide; and

(c)

shall be supported by such statutory declaration as the Council may require, except that no statutory declaration shall be required if the complaint is made by any public officer or any officer of the Institute.

(1A) Subject to subsection (4A), the Council shall refer every complaint which satisfies the requirements of subsection (1) to the Chairman of the Inquiry Panel.

[19/2008]

(2) The Council may on its own motion refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel.

[15/89; 41/93]

(3) Any Judge of the Supreme Court, the Attorney-General or the Institute may at any time refer to the Society any information touching upon the conduct of an advocate and solicitor and the Council shall —

(a)

refer the matter to the Chairman of the Inquiry Panel; or

(b)

where the Judge, the Attorney-General or the Institute requests that the matter be referred to a Disciplinary Tribunal, apply to the Chief Justice to appoint a Disciplinary Tribunal.

(3A) Notwithstanding subsections (1A), (2) and (3), where any complaint is made to the Society of, the Council wishes to refer any information touching upon, or any Judge of the Supreme Court has referred any information to the Society touching upon, the conduct of an advocate and solicitor who is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice and who at the time of the conduct did not practise in any Singapore law practice —

(a)

the Council shall consult the Attorney-General on whether to proceed in accordance with this section; and

(b)

if the Attorney-General directs the Council not to proceed in accordance with this section, the Council shall refer the complaint or information to the Attorney-General as a complaint under section 130R instead of proceeding in accordance with this section.

[19/2008]

(3B) Where any conduct of an advocate and solicitor registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice has given rise to any proceedings under this Part, those proceedings, and any decision, determination or order arising from those proceedings, shall not in any way affect the jurisdiction of the Attorney-General under Part IXA to take such action as he deems appropriate against the advocate and solicitor in respect of the same conduct.

[19/2008]

(4) Notwithstanding subsections (1A), (2) and (3), where 2 or more complaints or information touching upon the conduct of an advocate and solicitor (including any such complaint or information which had been referred to a Disciplinary Tribunal under section 89) have been received by the Council, the Council may do either or both of the following:

(a)

apply to the Chief Justice to refer to the Chairman of the Inquiry Panel one or more of the complaints or information which in the Council’s opinion are more serious in nature first and defer the referral of the remaining complaints or information;

(b)

apply to the Chairman of the Inquiry Panel for 2 or more of the complaints or information to be dealt with by —

(4A) Subject to subsection (4C), the Council shall not refer a complaint of the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (1A) if the complaint is first made to the Society after the expiration of the period of —

(a)

6 years from the date of the conduct; or

(b)

where the complaint relates to any fraud alleged to have been committed by the advocate and solicitor, 6 years from the earliest date on which the complainant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).

[19/2008]

(4B) Subject to subsection (4C), the Council shall not refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (2) after the expiration of the period of —

(a)

6 years from the date of the conduct; or

(b)

where the information relates to any fraud alleged to have been committed by the advocate and solicitor, 6 years from the earliest date on which the Council discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).

[19/2008]

(4C) The Council may, with the leave of the court —

(a)

refer a complaint of the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (1A) after the expiration of the period referred to in subsection (4A); or

(b)

refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (2) after the expiration of the period referred to in subsection (4B).

[19/2008]

(4D) An application for the leave of the court under subsection (4C) shall be —

(a)

made by the Council by originating summons; and

(b)

accompanied by an affidavit —

(i)

setting out —

(A)

every document constituting the complaint of the conduct of the advocate and solicitor concerned, including every statutory declaration in support of the complaint (if any); or

(B)

the facts constituting the information touching upon the conduct of the advocate and solicitor concerned,

as the case may be;

(ii)

explaining why the complaint was not made to the Society before the expiration of the period referred to in subsection (4A), or why the information was not referred to the Chairman of the Inquiry Panel before the expiration of the period referred to in subsection (4B), as the case may be; and

(iii)

explaining why the complaint or information, as the case may be, should be referred to the Chairman of the Inquiry Panel, notwithstanding the expiration of the period referred to in subsection (4A) or (4B), as the case may be.

[19/2008]

(4E) The application and affidavit referred to in subsection (4D) shall be served on the advocate and solicitor concerned.

[19/2008]

(5) Where any complaint or information touching upon the conduct of an advocate and solicitor is referred to the Chairman of the Inquiry Panel, the Council shall inform the advocate and solicitor concerned that it has done so.

[15/89; 41/93]

(6) Where any complaint or information touching upon the conduct of an advocate and solicitor is referred to the Chairman of the Inquiry Panel under subsection (1A), (2) or (3), the Chairman or Deputy Chairman of the Inquiry Panel shall, within 2 weeks, constitute a Review Committee consisting of —

(a)

a chairman, being the Chairman or Deputy Chairman himself or a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing; and

to review the complaint or information, and such review by the Review Committee shall start within 2 weeks of its constitution.

[19/2008]

(7) A Review Committee may, in the course of a review under subsection (6), require the complainant or the advocate and solicitor concerned to answer any inquiry or to furnish any record that the Review Committee considers relevant for the purpose of the review.

[35/2001]

(8) A Review Committee shall complete its review under subsection (6) within 4 weeks of its constitution, and —

(a)

direct the Council to dismiss the matter if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance and give the reasons for the dismissal; or

(b)

in any other case, refer the matter back to the Chairman of the Inquiry Panel.

[35/2001; 19/2008]

(8A) The Chairman or Deputy Chairman of the Inquiry Panel may, on the application in writing of a Review Committee, grant to the Review Committee an extension of the period specified in subsection (8) if he is satisfied that the circumstances of the case justify the grant of the extension, except that any extension granted shall not extend beyond a period of 6 weeks from the date of the constitution of the Review Committee.

[19/2008]

(9) The Council shall, within 7 days of receiving any direction under subsection (8)(a) —

(a)

give effect to the direction to dismiss the matter; and

(b)

inform the complainant and the advocate and solicitor concerned of the dismissal of the matter and furnish the complainant with the reasons of the Review Committee in writing.

[35/2001]

(10) Where any complaint or information touching upon the conduct of an advocate and solicitor is referred back to the Chairman of the Inquiry Panel under subsection (8)(b), the Chairman or Deputy Chairman of the Inquiry Panel shall, within 3 weeks, constitute an Inquiry Committee consisting of —

(a)

a chairman, being a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing;

(11) A member of a Review Committee who has reviewed any matter concerning any advocate and solicitor shall not thereby be disqualified from acting as a member of an Inquiry Committee inquiring into the same matter.

[35/2001; 19/2008]

(12) An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.

[15/89]

(13) The chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.

[15/89]

(14) Any questions arising at any meeting of an Inquiry Committee shall be determined by a majority of votes of the members of the Committee, and in the case of an equality of votes, the chairman of the Inquiry Committee shall have a second or casting vote.

[15/89]

(15) All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee.

[15/89]

(16) Any resolution or decision in writing signed by all the members of an Inquiry Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Inquiry Committee where all its members were present.

[15/89]

(17) Any person who makes a complaint to the Society under this Part shall furnish to the Chairman or Deputy Chairman of the Inquiry Panel, or the chairman of a Review Committee or of an Inquiry Committee, such statutory declarations or affidavits in support of the complaint as that Chairman, Deputy Chairman or chairman may require within such time as that Chairman, Deputy Chairman or chairman may specify.

[19/2008]

(17A) Where a complaint is made to the Society under this Part, and the whole or any part of the complaint or any document furnished in support of the complaint is in a language other than English —

(a)

the complainant shall furnish to the Society an English translation of that whole or part of the complaint or document which is verified by the affidavit of a person qualified to translate it; or

(b)

if the complainant fails to do so, the Society —

(i)

may arrange for the translation into English of that whole or part of the complaint or document; and

(ii)

shall be entitled to recover from the complainant all reasonable costs of such translation as if they were a debt due to the Society.

[19/2008]

(17B) Where any voice recording is tendered in support of a complaint made to the Society under this Part —

(a)

the complainant shall furnish to the Society —

(i)

a transcript of the recording, such transcript to be verified by the affidavit of the person who transcribed the recording; and

(ii)

if the transcript is in a language other than English, an English translation of the transcript which is verified by the affidavit of a person qualified to translate it; or

(b)

if the complainant fails to do so, the Society —

(i)

may arrange for the transcription of the recording and, if the transcript of the recording is in a language other than English, the translation into English of the transcript of the recording; and

(ii)

shall be entitled to recover from the complainant all reasonable costs of such transcription and translation as if they were a debt due to the Society.

[19/2008]

(18) An Inquiry Committee may require any person making a complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $1,000 to cover costs.

[15/89; 19/2008]

(19) Where the complaint is found to be frivolous or vexatious —

(a)

the Inquiry Committee may, after hearing the complainant (if he desires to be heard) —

(i)

order the complainant to pay to any person all or any costs reasonably incurred by that person in the proceedings before the Inquiry Committee; and

(ii)

in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar;

(b)

any sum deposited under subsection (18) shall be applied for the payment of those costs, and any balance of that sum shall be returned to the complainant; and

(c)

if no sum has been deposited under subsection (18), or if any sum deposited under subsection (18) is insufficient to cover those costs, the person awarded those costs may sue for and recover the costs which remain unpaid as if they were a debt due to him.

(20) A member of an Inquiry Committee shall, notwithstanding that he has ceased to be a member of the Inquiry Panel on the expiry of his term of office, be deemed to be a member of the Inquiry Panel until such time as the Council has decided that the Inquiry Committee of which he is a member has completed its work.

[15/89]

(21) Any person who makes a complaint to the Society under this Part which he knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

[35/2001]

Inquiry

86.

—(1) Subject to subsections (2), (3) and (4), an Inquiry Committee shall, within 2 weeks of its appointment, commence its inquiry into any complaint or information touching upon the conduct of an advocate and solicitor and report its findings to the Council —

(a)

in any case where the members of the Inquiry Committee have decided not to call upon the advocate and solicitor concerned to offer any explanation or to answer the allegations made against him, not later than 2 months after the date of its appointment; and

(b)

in any other case, not later than 2 weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is the earlier.

[30/86; 15/89; 41/93]

(2) Where an Inquiry Committee is of the opinion that it will not be able to report its findings to the Council within the period specified in subsection (1)(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may apply in writing to the Chairman of the Inquiry Panel for an extension of the time to report its findings to the Council.

[15/89]

(3) The Chairman or Deputy Chairman of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he is satisfied that the circumstances of the case justify the grant of an extension of time, except that any extension of time granted shall not extend beyond the period of 6 months from the date of the appointment of that Inquiry Committee.

[15/89; 19/2008]

(4) No application for an extension of time may be made to the Chairman of the Inquiry Panel under subsection (2) on the expiry of 2 months after the date of the appointment of the Inquiry Committee.

[15/89]

(5) Where an Inquiry Committee is satisfied that there are no grounds for disciplinary action under this Part, it shall report to the Council accordingly and state the reasons for its decision.

[15/89]

(6) Where an Inquiry Committee is of the opinion that an advocate and solicitor should be called upon to answer any allegation made against him, the Inquiry Committee shall —

(a)

post or deliver to the advocate and solicitor concerned —

(i)

copies of any complaint or information touching upon his conduct and of any statutory declarations or affidavits that have been made in support of the complaint or information; and

(ii)

a notice inviting him to give, within such period (not being less than 14 days) as may be specified in the notice to the Inquiry Committee, any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee;

(b)

allow the time specified in the notice to elapse;

(c)

give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires; and

(d)

give due consideration to any explanation (if any) given by him.

[15/89; 41/93]

(7) The report of the Inquiry Committee shall, among other things, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Tribunal, and the Inquiry Committee shall recommend to the Council —

(a)

if the Inquiry Committee is of the view that there should be a formal investigation by a Disciplinary Tribunal, the charge or charges to be preferred against the advocate and solicitor with respect to the misconduct committed; or

(b)

if the Inquiry Committee is of the view that no formal investigation by a Disciplinary Tribunal is required —

(i)

that the advocate and solicitor should be ordered to pay a penalty under section 88, and a penalty sufficient and appropriate to the misconduct committed;

(8) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which may give rise to proceedings under this Part, the Inquiry Committee may, after giving notice to him, decide on its own motion to inquire into that matter and report its findings to the Council.

[15/89; 41/93]

(9) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which discloses an offence under any written law, the Inquiry Committee shall record the information in its report to the Council.

[15/89; 41/93]

(10) Where the complainant withdraws his complaint before the Council has referred the complaint to an Inquiry Committee or before the conclusion of the inquiry by an Inquiry Committee, the Council may, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Society.

[41/93]

(11) Subsections (2) to (6) of section 91 shall apply, with the necessary modifications, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Tribunal and the references in those subsections to a Disciplinary Tribunal shall be read as references to an Inquiry Committee.

[41/93; 19/2008]

(12) For the purposes of conducting an inquiry, an Inquiry Committee may —

(a)

appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks necessary;

(b)

require the production for inspection by the Inquiry Committee, or by any person appointed under paragraph (a), of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry; and

(c)

require the complainant, the advocate and solicitor concerned and any other person to give any information which may relate to or be connected with the subject-matter of the inquiry (including any information in relation to any books, documents or papers referred to in paragraph (b)) —

(i)

at an attendance before the Inquiry Committee or any person appointed under paragraph (a);

(ii)

in writing; or

(iii)

by way of a statutory declaration or an affidavit.

[19/2008]

(13) Any person who refuses or fails, without lawful excuse, to comply with any requirement of an Inquiry Committee under subsection (12)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

[19/2008]

Council’s consideration of report

87.

—(1) The Council shall consider the report of the Inquiry Committee and according to the circumstances of the case shall, within one month of the receipt of the report, determine —

(a)

that a formal investigation is not necessary;

(b)

that no cause of sufficient gravity exists for a formal investigation but that the advocate and solicitor should be given a warning, reprimanded or ordered to pay a penalty under section 88;

[8/2011 wef 03/05/2011]

(c)

that there should be a formal investigation by a Disciplinary Tribunal; or

(d)

that the matter be referred back to the Inquiry Committee for reconsideration or a further report.

[41/93; 19/2008]

(1A) Where the Council has determined under subsection (1)(d) that a matter be referred back to the Inquiry Committee for reconsideration or a further report —

(a)

the Council shall notify the Inquiry Committee accordingly;

(b)

the Inquiry Committee shall submit its response or further report to the Council within 4 weeks from the date of the Council’s notification; and

(c)

subsection (1)(a), (b) and (c) shall apply, with the necessary modifications, in relation to the response or further report of the Inquiry Committee as it applies in relation to the report of the Inquiry Committee.

[19/2008]

(2) If the Inquiry Committee in its report, read with any response or further report submitted under subsection (1A)(b), recommends —

(a)

that there should be a formal investigation, then the Council shall determine accordingly under subsection (1); or

(b)

that a formal investigation by a Disciplinary Tribunal is not necessary, the Council may, if it disagrees with the recommendation, request the Chief Justice to appoint a Disciplinary Tribunal.

[19/2008]

(3) Where the report of the Inquiry Committee, read with any response or further report of the Inquiry Committee submitted under subsection (1A)(b), discloses the commission of —

(a)

any other misconduct by the advocate and solicitor which has not been referred to or inquired into by the Inquiry Committee, the Council shall, if it determines that there should be a formal investigation of such misconduct, have power to prefer such charge against the advocate and solicitor as it thinks fit with respect to that misconduct; or

(b)

any offence involving fraud or dishonesty by the advocate and solicitor, the Council shall immediately refer the matter to the police for investigation.

[41/93; 19/2008]

(4) The Council shall inform the advocate and solicitor and the person who made the complaint of the manner in which it has determined the complaint within 14 days of the determination, and in the event of the determination being that a formal investigation is unnecessary, the Council shall on the request of the person furnish him with its reasons in writing.

[41/93; 19/2008]

Council’s power to give warning, reprimand or order penalty

88.

—(1) If the Council determines under section 87 that no cause of sufficient gravity exists for a formal investigation, but that the advocate and solicitor should be given a warning, reprimanded or ordered to pay a penalty, it may give him a warning, reprimand him or order him to pay a penalty of not more than $10,000, as the case may be.

(3) Before the Council gives an advocate and solicitor a warning, reprimands an advocate and solicitor or orders an advocate and solicitor to pay a penalty under subsection (1), the Council shall notify him of its intention to do so and give him a reasonable opportunity to be heard by it.

the Council shall, at the expense of the advocate and solicitor, publish in the Gazette a notice of the order or of the reprimand, as the case may be.

[41/93; 35/2001]

[8/2011 wef 03/05/2011]

(5) Any notice under subsection (4) shall contain the name of the advocate and solicitor, the nature of the misconduct committed by him and the penalty payable by him or the reprimand, as the case may be.

[41/93]

(6) Where an application is made to a Judge by any person under section 97(1), the Council shall not publish the notice under subsection (4) until the application has been withdrawn or deemed to have been withdrawn or disposed of by the Judge under section 97.

[41/93]

Application to appoint Disciplinary Tribunal

89.

—(1) Where the Council determines under section 87 that there should be a formal investigation, the Council shall within 4 weeks apply to the Chief Justice to appoint a Disciplinary Tribunal which shall hear and investigate the matter.

[30/86; 41/93; 19/2008]

(2) Notwithstanding subsection (1), where 2 or more matters are pending against an advocate and solicitor, the Council may apply for one or more matters which in its opinion are more serious in nature to be heard and investigated first and defer the hearing and investigation of the other matters.

[30/86; 41/93]

(3) Where a Disciplinary Tribunal has been appointed to hear and investigate any matter against an advocate and solicitor under subsection (1) and before the commencement of the hearing of and investigation into that matter there is any other matter pending against the advocate and solicitor, the Chief Justice may, on the application of the Council, direct that Disciplinary Tribunal to hear and investigate the other matter or matters.

[30/86; 41/93; 19/2008]

(4) Where, in the course of its investigation of any matter against an advocate and solicitor referred to it under subsection (1) or (3), a Disciplinary Tribunal receives information touching on or evidence of the conduct of the advocate and solicitor which may give rise to proceedings under this Part, the Disciplinary Tribunal may, on the application of the Council, prefer such additional charge against the advocate and solicitor as it thinks fit with respect to such misconduct and, after giving notice to him, hear and investigate such charge and section 93 shall apply to such charge accordingly.

[41/93; 19/2008]

Appointment of Disciplinary Tribunal

90.

—(1) The Chief Justice may from time to time appoint one or more Disciplinary Tribunals, each comprising —

(a)

a president, who shall be an advocate and solicitor who is a Senior Counsel or who has at any time held office as a Judge or Judicial Commissioner of the Supreme Court; and

(b)

an advocate and solicitor of not less than 12 years’ standing.

[19/2008]

(2) A Disciplinary Tribunal shall be appointed in connection with one or more matters or for a fixed period of time or as the Chief Justice may think fit.

[30/86; 19/2008]

(3) The Chief Justice may at any time —

(a)

revoke the appointment of the Disciplinary Tribunal;

(b)

remove any member of the Disciplinary Tribunal; or

(c)

fill any vacancy in the Disciplinary Tribunal.

[19/2008]

(4) Without prejudice to the generality of subsection (3), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or other cause to conclude the hearing and investigation of the matter —

(a)

the Chief Justice may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter; and

(b)

the Disciplinary Tribunal so reconstituted or appointed may —

(i)

with the consent of —

(A)

the Society or, if the person making the complaint has conduct of the proceedings before the Disciplinary Tribunal, that person; and

(B)

the solicitor to whom the complaint relates,

have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; or

(ii)

hear and investigate the matter afresh.

[19/2008]

(5) The Chief Justice shall appoint a solicitor to be the secretary of every Disciplinary Tribunal.

[19/2008]

(6) The production of any written instrument purporting to be signed by the Chief Justice and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment or revocation has been duly made.

[19/2008]

(7) Every member of a Disciplinary Tribunal appointed under subsection (1), and the secretary of every Disciplinary Tribunal appointed under subsection (5), shall be paid for each case such remuneration as the Chief Justice may determine.

[19/2008]

Proceedings and powers of Disciplinary Tribunal

91.

—(1) The Rules Committee may from time to time make rules for regulating the hearing and investigation of matters before or by a Disciplinary Tribunal.

[30/86; 15/89; 19/2008]

(1A) If the members of a Disciplinary Tribunal are unable to reach a unanimous decision on any matter, the matter shall be decided in accordance with the decision of the president of the Disciplinary Tribunal.

[19/2008]

(2) For the purpose of any complaint or matter heard and investigated by a Disciplinary Tribunal under this Act —

(a)

the Disciplinary Tribunal may administer oaths; and

(b)

the Society or the person making the complaint and the solicitor to whom the complaint relates and (if so instructed by the Disciplinary Tribunal) the secretary of the Disciplinary Tribunal may sue out subpoenas to testify or to produce documents.

[42/2005; 19/2008]

(3) No person shall be compelled under any such subpoena to produce any document which he could not be compelled to produce at the trial of an action.

[42/2005]

(4) The subpoenas referred to in subsection (2)(b) shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.

[42/2005]

(5) Any person giving evidence before a Disciplinary Tribunal shall be legally bound to tell the truth.

[19/2008]

(6) No fees or other charges shall be payable for any subpoena sued out by the secretary of the Disciplinary Tribunal under subsection (2)(b).

[42/2005; 19/2008]

(7) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation as aforesaid.

[19/2008]

Restriction of judicial review

91A.

—(1) Except as provided in sections 82A, 97 and 98, there shall be no judicial review in any court of any act done or decision made by the Disciplinary Tribunal.

[19/2008]

(2) In this section, “judicial review” includes proceedings instituted by way of —

(a)

an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; and

(b)

an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any act done or decision made by the Disciplinary Tribunal.

[19/2008]

Complaint made by Judge or Attorney-General

92. Where any Judge of the Supreme Court or the Attorney-General has referred to the Society any information touching upon the conduct of an advocate and solicitor, all references in this Part to a person who made the complaint shall be construed to include a reference to the Attorney-General.

[30/86; 41/93; 35/2001]

Findings of Disciplinary Tribunal

93.

—(1) After hearing and investigating any matter referred to it, a Disciplinary Tribunal shall record its findings in relation to the facts of the case and according to those facts shall determine that —

(a)

no cause of sufficient gravity for disciplinary action exists under section 83;

(b)

while no cause of sufficient gravity for disciplinary action exists under that section, the advocate and solicitor should be reprimanded or ordered to pay a penalty sufficient and appropriate to the misconduct committed; or

(c)

cause of sufficient gravity for disciplinary action exists under that section.

[35/2001; 19/2008]

(2) Where a Disciplinary Tribunal makes a determination under subsection (1)(b) or (c), the Disciplinary Tribunal may make an order for payment by any party of costs, and may, in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar.

[19/2008]

(2A) Where a Disciplinary Tribunal makes a determination under subsection (1)(a) and further records the opinion that the complaint was frivolous or vexatious, the Disciplinary Tribunal may, after hearing the person who made the complaint (if he desires to be heard) —

(a)

order that the costs of the complaint shall be paid by that person; and

(b)

in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar.

[19/2008]

(2B) Any person awarded any costs under subsection (2) or (2A) may sue for and recover those costs as if those costs were a debt due to him.

[19/2008]

(3) A Disciplinary Tribunal shall carry out its work expeditiously and the Society may apply to the Chief Justice for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make any finding and determination within 6 months from the date of its appointment.

[30/86; 19/2008]

(4) The findings and determination of the Disciplinary Tribunal under this section shall be drawn up in the form of a report of which —

(a)

a copy shall be submitted to the Chief Justice and the Society; and

(b)

a copy shall on request be supplied to the advocate and solicitor concerned.

[19/2008]

(5) The findings and determination of the Disciplinary Tribunal shall be published by the Council in the Singapore Law Gazette or in such other media as the Council may determine which would adequately inform the public of the findings and determination.

[30/86; 35/2001; 19/2008]

(6) A copy of the entire record of the proceedings of the Disciplinary Tribunal including its findings and determination shall be made public and copies thereof shall be made available to the members of the public upon payment of the prescribed fee.

[30/86; 19/2008]

Society to apply to court if cause of sufficient gravity exists

94.

—(1) If the determination of the Disciplinary Tribunal under section 93 is that cause of sufficient gravity for disciplinary action exists under section 83, the Society shall without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal.

[19/2008]

(2) If the determination of the Disciplinary Tribunal under section 93 is that no cause of sufficient gravity for disciplinary action exists under section 83, it shall not be necessary for the Society to take any further action in the matter unless so directed by the court.

[19/2008]

(3) If the determination of the Disciplinary Tribunal under section 93 is that, while no cause of sufficient gravity for disciplinary action exists under section 83, the advocate and solicitor should be reprimanded or ordered to pay a penalty, the Council shall —

(a)

if it agrees with the determination, reprimand the advocate and solicitor or order him to pay a penalty of not more than $20,000, as the case may be; or

(b)

if it disagrees with the determination, without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal.

[41/93; 35/2001; 19/2008]

(4) The Council shall inform the advocate and solicitor and the person who made the complaint of —

(a)

the determination of the Disciplinary Tribunal under section 93 within 14 days from the date the Society receives a copy of the report referred to in section 93(4); and

as to whether it agrees with the determination of the Disciplinary Tribunal; and

(ii)

to reprimand the advocate and solicitor, to order him to pay a penalty or to make an application under section 98,

within 14 days from the date of the decision.

[19/2008]

Society to apply to court for cases involving fraud or dishonesty, or under section 33

94A.

—(1) Where an advocate and solicitor has been convicted of an offence involving fraud or dishonesty, whether the offence was disclosed as a result of an investigation under section 87(3)(b) or otherwise, the Society shall, without further direction, proceed to make an application in accordance with section 98.

[41/93]

(1A) Where an advocate and solicitor has been convicted of an offence under section 33, the Society may, and shall upon a request by the Attorney-General, without further direction, proceed to make an application in accordance with section 98.

[20/2007]

(2) Where there is an appeal against conviction, the Society shall not make an application under subsection (1) or (1A) until the appeal has been withdrawn or deemed to have been withdrawn or disposed of by the appellate court.

—(1) Within 21 days of being ordered to pay a penalty by the Council under section 88(1) or 94(3)(a), the advocate and solicitor concerned may apply to a Judge to set aside the order.

[8/2011 wef 03/05/2011]

(2) Such an application shall be made by way of originating summons and shall be served on the Society and shall be heard in chambers unless the Judge of his own motion or on the application of any party sees fit to order a hearing in open court.

(3) Upon the hearing of the application, the Judge may —

(a)

affirm or vary the penalty; or

(b)

set aside the order for a penalty,

and may make an order for payment of costs by or to either the Society or the applicant as may be just.

(4) Where the Council has ordered an advocate and solicitor to pay a penalty, the advocate and solicitor shall pay to the Society —

(a)

the penalty, if —

(i)

no application is made under subsection (1) to set aside the Council’s order; or

if the penalty has been varied by a Judge under subsection (3)(a), the penalty so varied.

[19/2008]

(5) Any penalty payable to the Society under subsection (4) which is not paid may be recoverable by the Society as a judgment debt.

[19/2008]

Procedure for complainant dissatisfied with Council’s determination under section 87(1)(a) or (b)

96.

—(1) Where a person has made a complaint to the Society and the Council has determined under section 87(1) —

(a)

that a formal investigation is not necessary; or

(b)

that no sufficient cause for a formal investigation exists but that the advocate and solicitor concerned should be given a warning, reprimanded or ordered to pay a penalty,

that person may, if he is dissatisfied with the determination of the Council, apply to a Judge under this section within 14 days of being notified of the determination.

[41/93]

[8/2011 wef 03/05/2011]

(2) Such an application shall be made by originating summons and shall be accompanied by an affidavit or affidavits of the facts constituting the basis of the complaint and by a copy of the complaint originally made to the Society together with a copy of the Council’s reasons in writing supplied to the applicant under section 87(4).

[41/93]

(3) The application accompanied by a copy of each of the documents referred to in subsection (2) shall be served on the Society.

(4) At the hearing of the application, the Judge may make an order —

(a)

affirming the determination of the Council; or

(b)

directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal,

and such order for the payment of costs as may be just.

[19/2008]

(5) If the Judge makes an order directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, the applicant shall have the conduct of proceedings before the Disciplinary Tribunal and any subsequent proceedings before the court under section 98, and any such proceedings shall be brought in the name of the applicant.

[19/2008]

Application for review of Disciplinary Tribunal’s decision

97.

—(1) Where a Disciplinary Tribunal has made a determination under section 93(1)(a) or (b), the person who made the complaint, the advocate and solicitor or the Council may, within 14 days of being notified of that determination or any order under section 93(2) or (2A), apply to a Judge for a review of that determination or order.

the person who made the complaint, if he had the conduct of the proceedings before the Disciplinary Tribunal and is not the applicant;

(ii)

the advocate and solicitor, if he is not the applicant;

(iii)

the Society, if the Council is not the applicant; and

(iv)

the secretary of the Disciplinary Tribunal.

[19/2008]

(3) Upon receiving the application, the secretary of the Disciplinary Tribunal shall file in court the record and report of the hearing and investigation by the Disciplinary Tribunal.

[19/2008]

(4) The Judge hearing the application —

(a)

shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination or order of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and

(b)

may make such orders as the Judge thinks fit, including —

(i)

an order directing the person who made the complaint or the Council to make an application under section 98;

(ii)

an order setting aside the determination of the Disciplinary Tribunal and directing —

(A)

the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or

(B)

the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; or

(iii)

such order for the payment of costs as may be just.

[19/2008]

(5) If the Judge makes an order directing the person who made the complaint to make an application under section 98, that person shall have the conduct of the proceedings under that section, and any such proceedings shall be brought in his name.

[19/2008]

(6) If the Judge makes an order directing the person who made the complaint or the Council to make an application under section 98, that person or the Society, as the case may be, shall make the application under that section within one month from the date of the order.

(2) If the solicitor named in the application under subsection (1) is believed to be outside Singapore, an application may be made by summons in the same proceedings for directions as to service.

[19/2008]

(3) If the solicitor named in the application under subsection (1) is or is believed to be within Singapore, the provisions of the Rules of Court (Cap. 322, R 5) for service of writs of summons shall apply to the service of the application.

[19/2008]

(4) A copy of the affidavit or affidavits in support of the application under subsection (1) shall be served with the application upon the solicitor named in the application.

[19/2008]

(5) There must be at least 8 clear days between the service of the application under subsection (1) and the day named therein for the hearing.

[19/2008]

(6) Any order on an application under subsection (1) that is made in any case where personal service of that application has not been effected may be set aside on the application of the solicitor on good cause being shown.

[19/2008]

(7) The application under subsection (1) shall be heard by a court of 3 Judges of the Supreme Court, and from the decision of that court there shall be no appeal.

[19/2008]

(8) The court of 3 Judges —

(a)

shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and

(b)

may make an order setting aside the determination of the Disciplinary Tribunal and directing —

(i)

the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or

(ii)

the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter.

[19/2008]

(9) The Chief Justice or any other Judge of the Supreme Court shall not be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made or information referred to the Society by him.

[30/86; 19/2008]

(10) Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and under sections 100 and 102, and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit.

Provisions as to penalties ordered by court

98A.

—(1) Where the court has ordered a Legal Service Officer or non-practising solicitor to pay a penalty under section 82A(12), the Legal Service Officer or non-practising solicitor shall pay the penalty to the Registrar of the Supreme Court.

(2) Where the court has ordered an advocate and solicitor to pay a penalty under section 98, the advocate and solicitor shall pay the penalty to the Registrar of the Supreme Court.

[19/2008]

(3) Any penalty payable under subsection (1) or (2) which is not paid may be recoverable by the Government as a judgment debt.

[19/2008]

(4) All sums collected by the Registrar of the Supreme Court under subsection (1) or (2) or recovered by the Government under subsection (3) shall be paid into the Consolidated Fund.

[19/2008]

Drawing up of order

99. Where any order has been made by the court upon an application under section 98 and the order has not been drawn up by the applicant within one week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the application had been made by the Society.

[42/2005; 19/2008]

Solicitor’s application to remove own name

100.

—(1) Any solicitor may, subject to this section and any rules made thereunder, apply to the court to have his name removed from the roll.

(2) Every such application shall be made by way of originating summons and shall be supported by an affidavit in the prescribed form which shall be served on the Society not less than 2 months before the application is heard.

[42/2005]

(3) The Society may for good cause require the applicant to advertise his intention to make the application in such manner as the Society shall direct.

(4) An application under this section shall be heard by a single Judge sitting in open court.

(5) No order shall be made on an application under this section if the Judge is satisfied that —

(a)

disciplinary action is pending against the applicant; or

(b)

the conduct of the applicant is the subject of inquiry or investigation under the provisions of this Part.

(6) At the hearing of any such application, the Judge may make an order —

(a)

directing the Registrar to remove the applicant’s name from the roll; or

(b)

adjourning the application indefinitely or to such date as the Judge deems fit,

and such order for the payment of costs as may be just.

Adverse orders to be noted on roll

101.

—(1) The Society shall give the Registrar notice of every order made under this Part that is adverse to an advocate and solicitor, and the Registrar shall cause a note of the effect of that order to be entered on the roll against the name of the advocate and solicitor concerned.

(2) An order as to costs only need not be so entered on the roll.

Replacement on roll of solicitor who has been struck off

102.

—(1) Where the name of a solicitor has been removed from, or struck off, the roll, the court may, if it thinks fit, at any time order the Registrar to replace on the roll the name of the solicitor —

(a)

free from conditions; or

(b)

subject to such conditions as the court thinks fit.

[19/2008]

(2) Any application that the name of a solicitor be replaced on the roll shall be made by originating summons, supported by affidavit, before a court of 3 Judges of the Supreme Court of whom the Chief Justice shall be one.

[41/93; 42/2005]

(3) The originating summons shall be served on the Society which shall —

(a)

appear at the hearing of the application; and

(b)

place before the court a report which shall include —

(i)

copies of the record of any proceedings as the result of which the name of the solicitor was removed from or struck off the roll; and

(ii)

a statement of any facts which have occurred since the name of the solicitor was removed from or struck off the roll and which, in the opinion of the Council or any member of the Council, are relevant to be considered or investigated in connection with the application.

[42/2005]

Costs

103.

—(1) [Deleted by Act 19 of 2008]

(2) [Deleted by Act 19 of 2008]

(3) The costs of and incidental to all proceedings under section 97, 98, 100 or 102 shall be in the discretion of the Judge or of the court before whom the hearing has taken place.

[19/2008]

(4) Such costs may include the costs of the Society or Disciplinary Tribunal and may be ordered to be paid by the solicitor against whom, or the person by whom, any complaint was made or was intended to be made or partly by the solicitor and partly by the other person.

[8/2011 wef 03/05/2011]

[41/93; 19/2008]

Absence of person under inquiry

104. If the person whose conduct is the subject of inquiry fails to attend before the court, a Disciplinary Tribunal, the Council or the Inquiry Committee, as the case may be, the inquiry or proceedings may be proceeded with without further notice to that person upon proof of service by affidavit or statutory declaration.

[19/2008]

Provisions as to evidence

105.

—(1) In any proceedings under this Part, any publication purporting to be printed under the authority of the General Council of the Bar in England or the Law Society in England setting out any rules or decisions made under the authority of those bodies relevant to the subject-matter of the proceedings shall, until the contrary is proved, be the evidence thereof.

(2) A Disciplinary Tribunal may —

(a)

where the person whose conduct is the subject of inquiry does not appear before the Tribunal, and the Tribunal decides under section 104 to proceed in that person’s absence; or

(b)

with the consent in writing of the person whose conduct is the subject of inquiry,

proceed and act on evidence by affidavit or statutory declaration, either as to the whole case or as to any particular fact or facts.

[19/2008]

No action in absence of bad faith

106. No action or proceeding shall lie against the Attorney-General, the Society, the Council, a Review Committee or any member thereof, an Inquiry Committee or any member thereof, or a Disciplinary Tribunal or any member or the secretary thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.

[35/2001; 19/2008]

PART VIII

REMUNERATION RECEIVED BY SINGAPORE LAW PRACTICES OR SOLICITORS, OR IN RESPECT OF PRACTICE OF SINGAPORE LAW

Application of this Part

106A. This Part —

(a)

shall apply to all remuneration and costs received by a Singapore law practice or a solicitor practising in a Singapore law practice, including any such remuneration or costs received in respect of the practice of foreign law; and

(b)

shall apply, with the necessary modifications, to all remuneration and costs received in respect of the practice of Singapore law by —

(i)

a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; or

(ii)

a solicitor or foreign lawyer registered by the Attorney-General under Part IXA to practise Singapore law.

[19/2008]

Prohibition of certain stipulations

107.

—(1) No solicitor shall —

(a)

purchase or agree to purchase the interest or any part of the interest of his client or of any party in any suit, action or other contentious proceeding brought or to be brought or maintained; or

(b)

enter into any agreement by which he is retained or employed to prosecute any suit or action or other contentious proceeding which stipulates for or contemplates payment only in the event of success in that suit, action or proceeding.

(2) Nothing in this Act shall be construed to give validity to any purchase or agreement prohibited by subsection (1) or to any disposition, contract, settlement, conveyance, delivery, dealing or transfer which is void or invalid against —

(a)

the Official Assignee under the law relating to bankruptcy;

(b)

a liquidator or receiver under the law relating to the winding up of companies or limited liability partnerships; or

(c)

a creditor in any composition.

[41/2005]

(3) A solicitor shall, notwithstanding any provision of this Act, be subject to the law of maintenance and champerty like any other person.

(4) This section shall apply, with the necessary modifications, to a law corporation or a limited liability law partnership.

[4/2000; 41/2005]

Orders as to remuneration of solicitors, law corporations or limited liability law partnerships for non-contentious business

108.

—(1) For the purposes of this section, there shall be a committee consisting of the following persons:

(a)

the Chief Justice;

(b)

the Attorney-General;

(c)

the President of the Society; and

(d)

2 solicitors nominated by the Council.

(2) The committee or any 4 of the members thereof (the Chief Justice being one) may make general orders prescribing and regulating in such manner as they think fit the remuneration of solicitors or law corporations or limited liability law partnerships in respect of non-contentious business and any order made under this section may revoke or alter any previous order so made.

[4/2000; 41/2005]

(3) An order made under this section may, as regards the mode of remuneration, prescribe that it shall be according to a scale of rates of commission or percentage, varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another, and may regulate the amount of remuneration with reference to all or any of the following, amongst other, considerations:

(a)

the position of the party for whom the solicitor or law corporation or limited liability law partnership is concerned in the business, that is, whether as vendor or purchaser, lessor or lessee, mortgagor or mortgagee, and the like;

(b)

the place where, and the circumstances in which, the business or any part thereof is transacted;

(c)

the amount of the capital money or rent to which the business relates;

(d)

the skill, labour and responsibility involved therein on the part of the solicitor or law corporation or limited liability law partnership; and

(e)

the number and importance of the documents prepared or perused, without regard to length.

[41/2005]

(4) An order made under this section may authorise and regulate —

(a)

the taking by a solicitor or a law corporation or a limited liability law partnership from a client of security for payment of any remuneration, to be ascertained by taxation or otherwise, which may become due to him or the law corporation or the limited liability law partnership under any such order; and

(b)

the allowance of interest.

[4/2000; 41/2005]

(5) So long as an order made under this section is in operation, taxation of bills of costs of solicitors or law corporations or limited liability law partnerships in respect of non-contentious business shall, subject to section 109, be regulated by that order.

—(1) Whether or not any order is in force under section 108, a solicitor and his client may, either before or after or in the course of the transaction of any non-contentious business by the solicitor, make an agreement as to the remuneration of the solicitor or law corporation or limited liability law partnership in respect thereof.

[4/2000; 41/2005]

(2) An agreement under subsection (1) shall not provide for costs at a scale lower than that provided by any order made under section 108.

(3) The agreement may provide for the remuneration of the solicitor or law corporation or limited liability law partnership by a gross sum, or by commission or percentage, or by salary, or otherwise, and it may be made on the terms that the amount of the remuneration therein stipulated for either shall or shall not include all or any disbursements made by the solicitor or law corporation or limited liability law partnership in respect of searches, plans, travelling, stamps, fees or other matters.

[4/2000; 41/2005]

(4) The agreement shall be in writing and signed by the person to be bound thereby or his agent in that behalf.

(5) The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor or law corporation or limited liability law partnership.

[4/2000; 41/2005]

(6) If on any taxation of costs the agreement is relied on by the solicitor or law corporation or limited liability law partnership and objected to by the client as unfair or unreasonable, the taxing officer may enquire into the facts and certify them to the court, and if on that certificate it appears just to the court that the agreement should be cancelled, or the amount payable thereunder reduced, the court may order the agreement to be cancelled, or the amount payable thereunder to be reduced, and may give such consequential directions as the court thinks fit.

[4/2000; 41/2005]

Remuneration of solicitor who is mortgagee

110.

—(1) If a mortgage is made to a solicitor, either alone or jointly with any other person, the solicitor or the firm of which he is a member, or the law corporation of which he is a member, director or an employee, or the limited liability law partnership of which he is a partner or an employee, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

[4/2000; 41/2005]

(2) If a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and any business is transacted or acts are done by that solicitor, or by the firm of which he is a member, or by the law corporation of which he is a member, director or an employee, or by the limited liability law partnership of which he is a partner or an employee, in relation to that mortgage or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

[4/2000; 41/2005]

(3) In this section, “mortgage” includes any charge on any property for securing money or money’s worth.

Agreement as to costs for contentious business

111.

—(1) Subject to the provisions of any other written law, a solicitor or a law corporation or a limited liability law partnership may make an agreement in writing with any client respecting the amount and manner of payment for the whole or any part of its costs in respect of contentious business done or to be done by the solicitor or the law corporation or the limited liability law partnership, either by a gross sum or otherwise, and at either the same rate as or a greater or a lesser rate than that at which he or the law corporation or the limited liability law partnership would otherwise be entitled to be remunerated.

[4/2000; 41/2005]

(2) Every such agreement shall be signed by the client and shall be subject to the provisions and conditions contained in this Part.

Effect of agreements with respect to contentious business

112.

—(1) Such an agreement as is mentioned in section 111 shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by, or payable to the client by, any other person, and that person may, unless he has otherwise agreed, require any costs payable or recoverable by him to or from the client to be taxed according to the rules for the time being in force for the taxation of those costs.

(2) Notwithstanding subsection (1), the client shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of the agreement, more than the amount payable by the client to his own solicitor or law corporation or limited liability law partnership under the agreement.

[4/2000; 41/2005]

(3) Such an agreement shall be deemed to exclude any further claim of the solicitor or law corporation or limited liability law partnership beyond the terms of agreement in respect of any services, fees, charges or disbursements in relation to the conduct and completion of the business in reference to which the agreement is made, except such services, fees, charges or disbursements (if any) as are expressly excepted by the agreement.

[4/2000; 41/2005]

(4) Subject to the provisions of this Part, the costs of a solicitor or law corporation or limited liability law partnership, in any case where there is such an agreement as is referred to in section 111, shall not be subject to taxation nor to the provisions of section 118.

[4/2000; 41/2005]

(5) A provision in any such agreement that the solicitor or law corporation or limited liability law partnership —

(a)

shall not be liable for negligence; or

(b)

shall be relieved from any responsibility to which the solicitor or the law corporation or the limited liability law partnership would otherwise be subject as a solicitor or a law corporation or a limited liability law partnership,

shall be wholly void.

[41/2005]

Enforcement of agreements

113.

—(1) No action or suit shall be brought or instituted upon any such agreement as is referred to in section 111.

(2) Every question respecting the validity or effect of the agreement may be examined and determined, and the agreement may be enforced or set aside without suit or action on the application by originating summons of any person or the representatives of any person, party to the agreement, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid the costs, fees, charges or disbursements in respect of which the agreement is made, by the court in which the business or any part thereof was done or a Judge thereof, or, if the business was not done in any court, then by the High Court or a Judge thereof.

[42/2005]

(3) Upon any such application, if it appears to the court or Judge that the agreement is in all respects fair and reasonable between the parties, it may be enforced by the court or Judge by rule or order, in such manner and subject to such conditions (if any) as to the costs of the application as the court or Judge thinks fit.

[42/2005]

(4) If the terms of the agreement are deemed by the court or Judge to be unfair or unreasonable, the agreement may be declared void.

(5) The court or Judge may thereupon order the agreement to be given up to be cancelled, and may direct the costs, fees, charges and disbursements incurred or chargeable in respect of the matters included therein to be taxed, in the same manner and according to the same rules as if the agreement had not been made.

(6) The court or Judge may also make such order as to the costs of and relating to the application and the proceedings thereon as the court or Judge thinks fit.

[42/2005]

(7) On the application (within 12 months after the amount agreed under the agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay it) of the person who has paid the amount, any court or Judge having jurisdiction to examine and enforce the agreement may, if it appears to the court or Judge that the special circumstances of the case require it —

(a)

reopen the agreement;

(b)

order the costs, fees, charges and disbursements to be taxed; and

(c)

order the whole or any portion of the amount received by the solicitor or law corporation or limited liability law partnership to be repaid by him, on such terms and conditions as to the court or Judge seems just.

[4/2000; 41/2005]

(8) Where any such agreement is made by the client in the capacity of guardian or of trustee under a deed or will, or of committee of any person or persons whose estate or property will be chargeable with the amount payable under the agreement or with any part of that amount, the agreement shall before payment be laid before the Registrar, who shall examine it and disallow any part thereof, or may require the direction of the court or a Judge to be taken thereon.

[42/2005]

(9) If in any such case the client pays the whole or any part of the amount payable under the agreement without the previous allowance of the Registrar or court or Judge as aforesaid, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged.

(10) The solicitor or law corporation or limited liability law partnership who accepts the payment may be ordered by any court which would have had jurisdiction to enforce the agreement, if it thinks fit, to refund the amount received by him or the law corporation or the limited liability law partnership.

[4/2000; 41/2005]

Death or incapability of solicitor after agreement

114.

—(1) Where a solicitor has made an agreement with his client under section 111 and anything has been done by the solicitor under the agreement, and, before the agreement has been completely performed by him, the solicitor dies or becomes incapable to act, an application may be made to the court by any party thereto or by the representatives of that party.

(2) Where a law corporation has made an agreement with its client under section 111 and anything has been done by the law corporation or any of its directors or employees under the agreement, and, before the agreement has been completely performed by the law corporation or any of its directors or employees, the law corporation is wound up, an application may be made to the court by any party thereto or by the representatives of that party.

[4/2000]

(2A) Where a limited liability law partnership has made an agreement with its client under section 111 and anything has been done by the limited liability law partnership or any of its partners or employees under the agreement, and, before the agreement has been completely performed by the limited liability law partnership or any of its partners or employees, the limited liability law partnership is wound up, an application may be made to the court by any party thereto or by the representatives of that party.

[41/2005]

(3) The court shall thereupon have the same power to enforce or set aside the agreement, so far as it may have been acted upon, as if the death or incapacity had not happened.

(4) The court may, even if it thinks the agreement to be in all respects fair and reasonable, order the amount due in respect of the business done thereunder to be ascertained by taxation.

(5) The Registrar in ascertaining that amount shall have regard, so far as may be, to the terms of the agreement.

(6) Payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the solicitor.

Change of solicitor after agreement

115.

—(1) If, after an agreement under section 111 has been made, the client changes his solicitor before the conclusion of the business to which the agreement relates (which he may do notwithstanding the agreement) the solicitor who is a party to the agreement shall be deemed to have become incapable to act under it within the meaning of section 114.

(2) Upon any order being made for taxation of the amount due to that solicitor in respect of business done under the agreement, the court shall direct the Registrar to have regard to the circumstances under which the change of solicitor has taken place.

(3) Upon such taxation, the solicitor shall not be deemed to be entitled to the full amount of the remuneration agreed to be paid to him unless it appears that there has been no default, negligence, improper delay or other conduct on his part affording reasonable ground to the client for his change of solicitor.

PART IX

RECOVERY AND TAXATION OF COSTS

Interpretation and application of this Part

116.

—(1) In this Part —

“court” means the High Court, a Judge when sitting in open court or in chambers, a District Court or a Magistrate’s Court and includes the Registrar;

“Registrar” means the Registrar of the Supreme Court or the Registrar of the Subordinate Courts, and includes —

(a)

the Deputy Registrar of the Supreme Court;

(b)

an Assistant Registrar of the Supreme Court; and

(c)

a Deputy Registrar of the Subordinate Courts;

“solicitor” includes the executors, administrators and assignees of the solicitor in question and a law corporation or a limited liability law partnership.

[4/2000; 35/2001; 41/2005; 19/2008]

(2) This Part —

(a)

shall apply to all remuneration and costs received by a Singapore law practice or a solicitor practising in a Singapore law practice, including any such remuneration or costs received in respect of the practice of foreign law; and

(b)

shall apply, with the necessary modifications, to all remuneration and costs received in respect of the practice of Singapore law by —

(i)

a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice; or

(ii)

a solicitor or foreign lawyer registered by the Attorney-General under Part IXA to practise Singapore law.

[19/2008]

Charging orders

117.

—(1) Any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceeding may —

(a)

at any time declare the solicitor entitled to a charge on the property recovered or preserved through his instrumentality for his taxed costs in reference to that suit, matter or proceeding; and

(b)

make such orders for the taxation of the costs and for paying, or raising money to pay, the costs out of that property as it thinks fit.

(2) All conveyances and acts done to defeat, or operating to defeat, the charge referred to in subsection (1)(a) shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the solicitor.

Solicitor not to commence action for fees until one month after delivery of bills

118.

—(1) Subject to the provisions of this Act, no solicitor shall, except by leave of the court, commence or maintain any action for the recovery of any costs due for any business done by him until the expiration of one month after he has delivered to the party to be charged therewith, or sent by post to, or left with him at his office or place of business, dwelling-house or last known place of residence, a bill of those costs.

in the case of a partnership, by one of the partners, either in his own name or in the name or style of the partnership, or by a solicitor employed by that solicitor or partnership;

(iii)

in the case of a law corporation, by a director of, or by a solicitor employed by, that law corporation; or

(iv)

in the case of a limited liability law partnership, by one of the partners of, or by a solicitor employed by, that limited liability law partnership; or

(b)

be enclosed in or accompanied by a letter, signed in the like manner, referring to the bill.

[4/2000; 41/2005]

(3) Where a bill is proved to have been delivered in compliance with subsection (1), it shall not be necessary in the first instance for the solicitor to prove the contents of the bill and it shall be presumed until the contrary is shown to be a bill bona fide complying with this Act.

Court may authorise action for recovery of fees before expiration of one month after delivery of bills

119. The court may authorise a solicitor to commence an action for the recovery of his costs and also refer his bill of costs for taxation by the Registrar, although one month has not expired from the delivery of the bill, upon proof to its satisfaction that any party chargeable therewith is about to quit Singapore, or to have a receiving order made against him, or to compound with his creditors or to take any other steps or do any other act which in its opinion would tend to defeat or delay the solicitor in obtaining payment.

Order for taxation of delivered bill of costs

120.

—(1) An order for the taxation of a bill of costs delivered by any solicitor may be obtained on an application made by originating summons or, where there is a pending action, by summons by the party chargeable therewith, or by any person liable to pay the bill either to the party chargeable or to the solicitor, at any time within 12 months from the delivery of the bill, or, by the solicitor, after the expiry of one calendar month and within 12 months from the delivery of the bill.

[42/2005]

(2) The order shall contain such directions and conditions as the court thinks proper, and any party aggrieved by any such order may apply by summons that the order be amended or varied.

[42/2005]

(3) In any case where a solicitor and his client consent to taxation of a solicitor’s bill, the Registrar may proceed to tax the bill notwithstanding that there is no order therefor.

—(1) The costs of obtaining an order for taxation of costs, including the application under section 120(1), order and service of order, but not including any court fees payable thereon or disbursements, if the order is obtained by the solicitor of the applicant, or by the solicitor, shall, subject to subsection (2), be the sum of $25 or such other sum as may be prescribed.

[42/2005]

(2) If one of the parties holds out and does not agree to taxation, the costs of obtaining an order of court shall be the sum of $150 or such other sum as may be prescribed.

[42/2005]

Time limit for taxation of bills of costs

122. After the expiration of 12 months from the delivery of a bill of costs, or after payment of the bill, no order shall be made for taxation of a solicitor’s bill of costs, except upon notice to the solicitor and under special circumstances to be proved to the satisfaction of the court.

[41/93]

Applications for taxation to contain submission to pay

123. All applications made under section 120(1) by a party chargeable with or liable for a bill of costs shall, unless the bill has already been paid, contain a submission by that party to pay the amount thereof to the solicitor when taxed.

[42/2005]

Order for delivery of bill of costs to be obtained as of course

124.

—(1) An order for the delivery of a solicitor’s bill of costs, and for delivery of any deeds, documents or other papers in the possession of the solicitor, subject to any lien which the solicitor may have, and for the taxation of the bill when delivered, may be obtained on an application made under section 120(1).

[42/2005]

(2) Upon such application being filed, the Registrar shall mark the order thereon immediately, and draw up the order if necessary.

[42/2005]

Solicitor to deliver copy of bill of costs

125. When an application is made by a party other than the party chargeable, the court may order the solicitor to deliver to the party making the application a copy of the bill of costs, upon payment of the costs of making the copy.

Preparation of bills of costs as between solicitor and client

126. Bills of costs for taxation as between solicitor and client shall be drawn in the manner provided by the Rules of Court (Cap. 322, R 5), and the taxation shall be governed by those Rules.

Interest in respect of disbursements and advances

127. The Registrar may allow interest, at such rate and from such time as he thinks just, on moneys disbursed by a solicitor for his client, and on moneys of the client in the hands of the solicitor and improperly retained by him.

How costs of taxation to be borne

128.

—(1) In case any order for taxation is made upon the application of the party chargeable or liable, or of the solicitor, the costs of the order and taxation, except when the order has been made after the expiration of 12 months, shall be paid according to the event of the taxation —

(a)

if the bill when taxed is less by a sixth part than the bill delivered, then the solicitor shall pay the costs; or

(b)

if the bill when taxed is not less by a sixth part, then the party chargeable or liable, if the application is made by him, or if he attends the taxation, shall pay the costs.

(2) Every order for such a reference shall direct the Registrar to tax the costs of the reference, and to certify what, upon the reference, is found to be due to or from the solicitor in respect of the bill, and of the costs of the reference, if payable.

(3) The Registrar may certify specially any circumstances relating to the bill or taxation.

(4) The court may thereupon make any such order as it thinks right, respecting the payment of the costs of the taxation.

(5) Where such a reference is made, when it is not authorised except under special circumstances, the court may give any special directions relative to the costs of the reference.

Interest on client’s money

129.

—(1) Rules made under section 72 shall make provision for requiring a solicitor, in such cases as may be prescribed by those rules, either —

(a)

to keep, on deposit in a separate account at a bank for the benefit of the client, money received for or on account of a client; or

(b)

to make good to the client out of the solicitor’s own money a sum equivalent to the interest which would have accrued if the money so received had been so kept on deposit.

(2) The cases in which a solicitor may be required to act in accordance with any rules made under this section may be defined, among other things, by reference to the amount of any sum received or the period for which it is or is likely to be retained or both.

(3) Those rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under those rules in relation to the client’s money be referred to and determined by the Society.

(4) Subject to any rules made under this section, a solicitor shall not be liable by virtue of the relation between solicitor and client to account to any client for interest received by the solicitor on moneys deposited at a bank being moneys received or held for or on account of his clients generally.

(5) Nothing in this section, or in any rules made thereunder, shall —

(a)

affect any arrangement in writing, whenever made, between a solicitor and his client as to the application of the client’s money or interest thereon; or

(b)

apply to money received by a solicitor being money subject to a trust of which the solicitor is a trustee.

Costs of Government

130.

—(1) Nothing in this Act shall affect the right, which is hereby declared, of the Government when represented by any of such persons as are mentioned in section 29(2)(a) to recover costs awarded to it in, or respecting, any cause or matter.

(2) In any such cause or matter, the costs of the Government shall be taxed in accordance with any rules for the time being in force for the taxation of the fees and costs of advocates and solicitors as if an advocate and solicitor who is not in the service of the Government had appeared on behalf of the Government.

PART IXA

JOINT LAW VENTURES, FORMAL LAW ALLIANCES, FOREIGN LAW PRACTICES, REPRESENTATIVE OFFICES, FOREIGN LAWYERS, AND SOLICITORS PRACTISING IN JOINT LAW VENTURES OR FOREIGN LAW PRACTICES

Interpretation of this Part

130A.

—(1) In this Part, unless the context otherwise requires —

“Formal Law Alliance” means a Formal Law Alliance licensed under section 130C;

“permitted areas of legal practice” means all areas of legal practice other than any area of legal practice prescribed as an area to be excluded from the ambit of this definition;

“representative office” means an office set up in Singapore by a foreign law practice to carry out only liaison or promotional work for the foreign law practice, without providing legal services in Singapore or conducting any other business activities.

[19/2008]

(2) In this Part, unless the context otherwise requires —

(a)

a reference to this Part shall be construed so as to include a reference to any rules made under this Part; and

(b)

a reference to the contravention of a provision includes a reference to the failure to comply with any condition of any licence, registration or approval imposed under that provision or by section 130Q(5).

[19/2008]

Joint Law Venture

130B.

—(1) A foreign law practice and a Singapore law practice may apply jointly for a Joint Law Venture licence if they satisfy —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(2) The Attorney-General may, after consulting such authorities as he thinks fit, grant or refuse an application under subsection (1).

[19/2008]

(3) An application under subsection (1) may be granted, and a Joint Law Venture licence may be issued, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(4) A Joint Law Venture licence shall —

(a)

entitle the constitution, in such manner as may be prescribed, of a Joint Law Venture by the foreign law practice and the Singapore law practice to which the licence has been issued;

(b)

notwithstanding anything to the contrary in Part IV, entitle the Joint Law Venture, during the period of validity of the licence —

(i)

to practise Singapore law in accordance with such terms and conditions as may be prescribed; and

(ii)

to such other privileges as may be prescribed or otherwise conferred by law, or as the Attorney-General may, with the approval of the Minister, confer; and

(c)

notwithstanding anything to the contrary in Part IV, entitle the constituent foreign law practice of the Joint Law Venture, during the period of validity of the licence —

(i)

to practise Singapore law through the Joint Law Venture in, and only in, the permitted areas of legal practice, in accordance with such terms and conditions as may be prescribed; and

(ii)

to such other privileges as may be prescribed or otherwise conferred by law, or as the Attorney-General may, with the approval of the Minister, confer.

[19/2008]

(5) A Joint Law Venture, or its constituent foreign law practice and constituent Singapore law practice, shall pay to the Attorney-General such licence fee at such times and in such manner as may be prescribed.

[19/2008]

(6) Without prejudice to the solicitor-client privilege that exists between —

(a)

a foreign law practice or Singapore law practice; and

(b)

its client, or a client of a Joint Law Venture of which it is the constituent foreign law practice or constituent Singapore law practice,

solicitor-client privilege exists between a Joint Law Venture and its client in the same way as it exists between a solicitor and his client.

[19/2008]

(7) Except as may otherwise be prescribed, nothing in this Act shall prevent the constituent foreign law practice and the constituent Singapore law practice of a Joint Law Venture from sharing office premises, profits or client information with respect to the legal practice of the Joint Law Venture.

[19/2008]

(8) For the avoidance of doubt, Parts VIA and VIB shall not apply to a Joint Law Venture.

[19/2008]

(9) A Joint Law Venture which is a company shall, notwithstanding that the shares in the Joint Law Venture are held by more than 20 members or by a corporation, be deemed to be an exempt private company for the purposes of the Companies Act (Cap. 50).

a Joint Law Venture which is a limited company need not have the word “Limited” or “Berhad” as part of its name; and

(b)

a Joint Law Venture which is a private company need not have the word “Private” or “Sendirian” as part of its name.

[19/2008]

(11) In exercising his powers under this section, the Attorney-General may, with the approval of the Minister, waive or modify the application of any requirement under this Part in relation to a Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice.

[19/2008]

(12) An entity which, immediately before the relevant date, was registered as a Joint Law Venture under the provisions of this section as in force immediately before the relevant date shall be deemed to be a Joint Law Venture constituted under this section, and the foreign law practice and the Singapore law practice constituting such an entity shall be deemed to have been issued a Joint Law Venture licence subject to the conditions referred to in subsection (3)(a) and such conditions as the Attorney-General may think fit to impose in any particular case, with effect from the relevant date.

[19/2008]

Formal Law Alliance

130C.

—(1) One or more foreign law practices and one or more Singapore law practices may apply jointly for a Formal Law Alliance licence if they satisfy —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(2) The Attorney-General may, after consulting such authorities as he thinks fit, grant or refuse an application under subsection (1).

[19/2008]

(3) An application under subsection (1) may be granted, and a Formal Law Alliance licence may be issued, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(4) A Formal Law Alliance licence shall —

(a)

entitle the formation of a Formal Law Alliance by the law practices to which the licence has been issued (each referred to in this Part as a member of the Formal Law Alliance);

(b)

notwithstanding anything to the contrary in Part IV, entitle the Formal Law Alliance, during the period of validity of the licence, to such privileges as may be prescribed or otherwise conferred by law; and

(c)

notwithstanding anything to the contrary in Part IV, entitle each foreign law practice which is a member of the Formal Law Alliance, during the period of validity of the licence —

(i)

to practise Singapore law in, and only in, such areas of legal practice and in accordance with such terms and conditions as may be prescribed; and

(ii)

to such other privileges as may be prescribed or otherwise conferred by law.

[19/2008]

(5) A Formal Law Alliance or its members shall pay to the Attorney-General such licence fee at such times and in such manner as may be prescribed.

[19/2008]

(6) Without prejudice to the solicitor-client privilege that exists between —

(a)

a foreign law practice or Singapore law practice; and

(b)

its client, or a client of a Formal Law Alliance of which it is a member,

solicitor-client privilege exists between a Formal Law Alliance and its client in the same way as it exists between a solicitor and his client.

[19/2008]

(7) Except as may otherwise be prescribed, nothing in this Act shall prevent a foreign law practice which is a member of a Formal Law Alliance and a Singapore law practice which is a member of the Formal Law Alliance from sharing office premises, profits or client information with respect to the legal practice of the Formal Law Alliance.

[19/2008]

(8) A foreign law practice or Singapore law practice may be a joint applicant for more than one Formal Law Alliance licence.

[19/2008]

(8A) In exercising his powers under this section, the Attorney-General may, with the approval of the Minister, waive or modify the application of any requirement under this Part in relation to a Formal Law Alliance, any foreign law practice which is a member of a Formal Law Alliance or any Singapore law practice which is a member of a Formal Law Alliance.

[8/2011 wef 03/05/2011]

(9) An alliance formed by one or more foreign law practices and one or more Singapore law practices which, immediately before the relevant date, was registered as a Formal Law Alliance under the provisions of this section as in force immediately before the relevant date shall be deemed to be a Formal Law Alliance formed under this section, and the law practices forming such an alliance shall be deemed to have been issued a Formal Law Alliance licence subject to the conditions referred to in subsection (3)(a) and such conditions as the Attorney-General may think fit to impose in any particular case, with effect from the relevant date.

[19/2008]

Qualifying Foreign Law Practice

130D.

—(1) A foreign law practice may apply for a Qualifying Foreign Law Practice licence if it satisfies —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(2) The Attorney-General may, after consulting such authorities as he thinks fit and with the approval of the Minister, grant or refuse an application under subsection (1).

[19/2008]

(3) An application under subsection (1) may be granted, and a Qualifying Foreign Law Practice licence may be issued, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(4) A Qualifying Foreign Law Practice licence shall, notwithstanding anything to the contrary in Part IV, entitle the foreign law practice to which the licence has been issued, during the period of validity of the licence —

(a)

to practise Singapore law in, and only in, the permitted areas of legal practice, in accordance with such terms and conditions as may be prescribed; and

(b)

to such other privileges as may be prescribed or otherwise conferred by law, or as the Attorney-General may, with the approval of the Minister, confer.

[19/2008]

(5) A Qualifying Foreign Law Practice shall pay to the Attorney-General such licence fee at such times and in such manner as may be prescribed.

[19/2008]

(6) In exercising his powers under this section, the Attorney-General may, with the approval of the Minister, waive or modify the application of any requirement under this Part in relation to a Qualifying Foreign Law Practice.

[19/2008]

Licensed foreign law practice

130E.

—(1) A foreign law practice which intends to provide any legal services in Singapore shall apply for a foreign law practice licence.

[19/2008]

(2) The Attorney-General may, after consulting such authorities as he thinks fit, grant or refuse an application under subsection (1).

[19/2008]

(3) An application under subsection (1) may be granted, and a foreign law practice licence may be issued, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(4) A foreign law practice licence shall, notwithstanding anything to the contrary in Part IV, entitle the licensed foreign law practice to which the licence has been issued, during the period of validity of the licence —

(a)

to practise Singapore law in, and only in, such areas of legal practice and in accordance with such terms and conditions as may be prescribed; and

(b)

to such other privileges as may be prescribed or otherwise conferred by law.

[19/2008]

(5) A licensed foreign law practice shall pay to the Attorney-General such licence fee at such times and in such manner as may be prescribed.

[19/2008]

(6) A foreign law practice which, immediately before the relevant date, was registered by the Attorney-General under any rules made under the repealed section 130H(a) as in force immediately before the relevant date shall be deemed to be a licensed foreign law practice, and to have been issued a foreign law practice licence subject to the conditions referred to in subsection (3)(a) and such conditions as the Attorney-General may think fit to impose in any particular case, with effect from the relevant date.

[19/2008]

Representative office

130F.

—(1) A foreign law practice which intends to operate a representative office in Singapore shall apply for a representative office licence.

[19/2008]

(2) The Attorney-General may grant or refuse an application under subsection (1).

[19/2008]

(3) An application under subsection (1) may be granted, and a representative office licence may be issued, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(4) A representative office licence shall entitle the foreign law practice to which the licence has been issued to operate a representative office in Singapore during the period of validity of the licence.

[19/2008]

(5) A foreign law practice which has been issued a representative office licence shall pay to the Attorney-General such licence fee at such times and in such manner as may be prescribed.

[19/2008]

(6) A representative office which, immediately before the relevant date, was registered by the Attorney-General under any rules made under the repealed section 130H(a) as in force immediately before the relevant date shall be deemed to be licensed under this section, and the foreign law practice which had applied for the registration of the representative office shall be deemed to have been issued a representative office licence subject to the conditions referred to in subsection (3)(a) and such conditions as the Attorney-General may think fit to impose in any particular case, with effect from the relevant date.

[19/2008]

Suspension or revocation of Joint Law Venture licence or Formal Law Alliance licence

130G.

—(1) The Attorney-General may, by notice in writing to a Joint Law Venture or a Formal Law Alliance, suspend or revoke the Joint Law Venture licence or Formal Law Alliance licence, as the case may be, which was issued in respect of it, if the Attorney-General is satisfied that there is sufficient reason for doing so.

[19/2008]

(2) Without prejudice to the generality of subsection (1), the Attorney-General may, by notice in writing to a Joint Law Venture or a Formal Law Alliance, suspend or revoke the Joint Law Venture licence or Formal Law Alliance licence, as the case may be, which was issued in respect of it, if —

(a)

the registration or authorisation to practise law in a state or territory outside Singapore of the constituent foreign law practice of the Joint Law Venture or of a foreign law practice which is a member of the Formal Law Alliance, as the case may be —

(i)

has been cancelled by the relevant authority of that state or territory as a result of any criminal, civil or disciplinary proceedings; or

(ii)

has lapsed;

(b)

the Joint Law Venture or Formal Law Alliance, as the case may be, fails to comply with any requirement under this Part;

(c)

the Joint Law Venture or Formal Law Alliance, as the case may be, fails to comply with any condition subject to which the Joint Law Venture licence or Formal Law Alliance licence, as the case may be, was issued;

(d)

the constituent foreign law practice of the Joint Law Venture or a foreign law practice which is a member of the Formal Law Alliance, as the case may be, has been dissolved or is in liquidation;

(e)

the Joint Law Venture or Formal Law Alliance, as the case may be, has been dissolved or reconstituted without the approval of the Attorney-General; or

(f)

the Attorney-General is satisfied that it is in the public interest to do so.

[19/2008]

(3) Before suspending or revoking a Joint Law Venture licence or a Formal Law Alliance licence under subsection (1) or (2), the Attorney-General shall give the Joint Law Venture or Formal Law Alliance in respect of which the licence has been issued, or the constituent foreign law practice of the Joint Law Venture or each foreign law practice which is a member of the Formal Law Alliance, as the case may be, not less than 14 days to make representations in writing.

[19/2008]

(4) Where an entity which was registered as a Joint Law Venture under the provisions of the repealed section 130B as in force immediately before the relevant date is deemed under section 130B(12) to be a Joint Law Venture constituted under section 130B, and any matter has arisen before the relevant date which may constitute a ground for the cancellation of that registration under the provisions of the repealed section 130F as in force immediately before the relevant date —

(a)

the Attorney-General may, on or after the relevant date, rely on that matter as a sufficient reason under subsection (1) to suspend or revoke the Joint Law Venture licence deemed under section 130B(12) to have been issued in respect of that entity; and

(b)

any proceedings in relation to that entity under the repealed section 130F as in force immediately before the relevant date which are pending immediately before the relevant date shall continue, on or after the relevant date, as proceedings under this section.

[19/2008]

(5) Where an alliance formed by one or more foreign law practices and one or more Singapore law practices which was registered as a Formal Law Alliance under the provisions of the repealed section 130C as in force immediately before the relevant date is deemed under section 130C(9) to be a Formal Law Alliance formed under section 130C, and any matter has arisen before the relevant date which may constitute a ground for the cancellation of that registration under the provisions of the repealed section 130F as in force immediately before the relevant date —

(a)

the Attorney-General may, on or after the relevant date, rely on that matter as a sufficient reason under subsection (1) to suspend or revoke the Formal Law Alliance licence deemed under section 130C(9) to have been issued in respect of that alliance; and

(b)

any proceedings in relation to that alliance under the repealed section 130F as in force immediately before the relevant date which are pending immediately before the relevant date shall continue, on or after the relevant date, as proceedings under this section.

—(1) The Attorney-General may, by notice in writing to a foreign law practice and, in the case of a Qualifying Foreign Law Practice, with the approval of the Minister, suspend or revoke its Qualifying Foreign Law Practice licence, foreign law practice licence or representative office licence, as the case may be, if the Attorney-General is satisfied that there is sufficient reason for doing so.

[19/2008]

(2) Without prejudice to the generality of subsection (1), the Attorney-General may, by notice in writing to a foreign law practice and, in the case of a Qualifying Foreign Law Practice, with the approval of the Minister, suspend or revoke its Qualifying Foreign Law Practice licence, foreign law practice licence or representative office licence, as the case may be, if —

(a)

the registration or authorisation of the foreign law practice to practice law in a state or territory outside Singapore —

(i)

has been cancelled by the relevant authority of that state or territory as a result of any criminal, civil or disciplinary proceedings; or

(ii)

has lapsed;

(b)

the foreign law practice fails to comply with any requirement under this Part;

(c)

the foreign law practice fails to comply with any condition subject to which the Qualifying Foreign Law Practice licence, foreign law practice licence or representative office licence, as the case may be, was issued or renewed, as the case may be;

(d)

the foreign law practice has been dissolved or is in liquidation; or

(e)

the Attorney-General is satisfied that it is in the public interest to do so.

[19/2008]

(3) Before suspending or revoking the Qualifying Foreign Law Practice licence, foreign law practice licence or representative office licence of a foreign law practice under subsection (1) or (2), the Attorney-General shall give the foreign law practice not less than 14 days to make representations in writing.

[19/2008]

Registration of foreign lawyer to practise Singapore law in Joint Law Venture, Qualifying Foreign Law Practice, licensed foreign law practice or Singapore law practice

130I.

—(1) An application may be made for a foreign lawyer to be registered by the Attorney-General to practise Singapore law in a Joint Law Venture, Qualifying Foreign Law Practice, licensed foreign law practice or Singapore law practice, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.

[8/2011 wef 03/05/2011]

(2) The Attorney-General may approve an application under subsection (1), and register a foreign lawyer to practise Singapore law in a Joint Law Venture, Qualifying Foreign Law Practice, licensed foreign law practice or Singapore law practice, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[8/2011 wef 03/05/2011]

(3) A foreign lawyer who is registered by the Attorney-General to practise Singapore law in a Joint Law Venture, Qualifying Foreign Law Practice, licensed foreign law practice or Singapore law practice —

practise Singapore law in, and only in, such areas of legal practice as may be prescribed; and

(ii)

recover costs and retain payments in respect of such practice; and

(b)

shall be entitled to such other privileges as may be prescribed.

[8/2011 wef 03/05/2011]

(4) The registration of a foreign lawyer under this section shall —

(a)

lapse on the occurrence of such events as may be prescribed; and

(b)

be suspended, for such period as the Attorney-General may think fit, on the occurrence of such events as may be prescribed.

[8/2011 wef 03/05/2011]

(5) Nothing in this section shall be construed so as to affect any right or privilege of an advocate and solicitor conferred by this Act or any other written law.

[8/2011 wef 03/05/2011]

(6) With effect from the date of commencement of section 25 of the Legal Profession (Amendment) Act 2011, a foreign lawyer who, immediately before that date, was registered or deemed to be registered by the Attorney-General under this section, or the repealed section 130J, as in force immediately before that date shall be deemed to be registered under this section, subject to the conditions referred to in subsection (2)(a) and such conditions as the Attorney-General may think fit to impose in any particular case.

[8/2011 wef 03/05/2011]

130J. [Deleted by Act 8/2011 wef 03/05/2011]

Registration of foreign lawyer to practise foreign law in Joint Law Venture, foreign law practice or Singapore law practice

130K.

—(1) An application may be made for a foreign lawyer to be registered by the Attorney-General to practise foreign law in a Joint Law Venture, foreign law practice or Singapore law practice, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.

[19/2008]

(2) The Attorney-General may approve an application under subsection (1), and register a foreign lawyer to practise foreign law in a Joint Law Venture, foreign law practice or Singapore law practice, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(3) A foreign lawyer who is registered by the Attorney-General to practise foreign law in a Joint Law Venture, foreign law practice or Singapore law practice shall be entitled to such privileges as may be prescribed.

[19/2008]

(4) With effect from the relevant date, a foreign lawyer who, immediately before the relevant date, was registered by the Attorney-General under any rules made under the repealed section 130H(b) as in force immediately before the relevant date shall be deemed to be registered under this section subject to the conditions referred to in subsection (2)(a) and such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

Foreign interests in Singapore law practices

130L.

—(1) Subject to the provisions of this Part, nothing in this Act shall prevent a foreign lawyer, with the approval of the Attorney-General, from doing any or all of the following:

(a)

being a director, a partner or a shareholder in a Singapore law practice in which he is registered to practise foreign law under section 130K;

(b)

being a director, a partner or a shareholder in a Singapore law practice in which he is registered to practise Singapore law under section 130I;

[8/2011 wef 03/05/2011]

(c)

sharing in the profits of any such Singapore law practice.

[19/2008]

(2) Every foreign lawyer to whom an approval under subsection (1) has been granted, and every Singapore law practice in which such a foreign lawyer is registered to practise foreign law under section 130K or is registered to practise Singapore law under section 130I, shall comply with —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case on the foreign lawyer or Singapore law practice, as the case may be.

(3) For the avoidance of doubt, the approval of the Attorney-General under subsection (1) shall lapse if the registration of the foreign lawyer under section 130I or 130K is cancelled, suspended or otherwise lapses.

(4) With effect from the date of commencement of section 27 of the Legal Profession (Amendment) Act 2011 —

(a)

a foreign lawyer who, immediately before that date, was granted or deemed to be granted an approval under this section as in force immediately before that date shall be deemed to be granted an approval under this section and shall continue to comply with the conditions referred to in subsection (2)(a) and such conditions as the Attorney-General may think fit to impose in any particular case on the foreign lawyer; and

(b)

a Singapore law practice in which, immediately before that date, a foreign lawyer referred to in paragraph (a) was registered or deemed to be registered to practise foreign law under section 130K, or was registered or deemed to be registered to practise Singapore law under the repealed section 130J as in force immediately before that date, shall continue to comply with the conditions referred to in subsection (2)(a) and such conditions as the Attorney-General may think fit to impose in any particular case on the Singapore law practice.

[8/2011 wef 03/05/2011]

(5) For the avoidance of doubt, for the purposes of this section and section 130M, it shall be irrelevant whether a foreign lawyer practises in Singapore or elsewhere.

[19/2008]

(6) Subject to the provisions of this Part, nothing in this Act shall prevent a foreign law practice, with the approval of the Attorney-General, from —

(a)

being a shareholder in any Singapore law practice which is a law corporation; or

—(1) Where a Singapore law practice applies for an approval under section 130L(1) in respect of a foreign lawyer, the Attorney-General may require the Singapore law practice making the application, the foreign lawyer and any partner or director of the Singapore law practice to provide such undertakings as the Attorney-General thinks fit to prevent any direct or indirect circumvention of section 130L or any condition under section 130L(2).

(2) Where any foreign lawyer, Singapore law practice or partner or director referred to in subsection (1) has contravened section 130L or any undertaking provided by that person or Singapore law practice, as the case may be, under subsection (1) —

(a)

the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) shall without delay notify the Attorney-General in writing of the contravention;

(b)

the foreign lawyer or partner or director concerned (as the case may be) shall immediately cease to exercise his voting rights as a shareholder or partner in the Singapore law practice concerned;

(c)

subject to any direction issued by the Attorney-General under subsection (4)(b), the foreign lawyer concerned shall as soon as practicable repay to the Singapore law practice concerned any payment he has received in excess of the amount permitted under any rules made under section 130W;

(d)

the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) shall take all reasonable steps to remove the circumstances giving rise to the contravention; and

(e)

the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) shall comply with any directions issued by the Attorney-General under subsections (3) and (4).

(3) Where any foreign lawyer, Singapore law practice or partner or director referred to in subsection (1) has contravened section 130L or any undertaking required under subsection (1), the Attorney-General may —

(a)

cancel the approval under section 130L(1) in respect of the foreign lawyer concerned; and

(4) Without prejudice to the generality of subsection (3)(b), the Attorney-General may direct —

(a)

the foreign lawyer concerned to divest himself of any shares he may have in the Singapore law practice within such time as the Attorney-General may specify;

(b)

the foreign lawyer concerned to repay to the Singapore law practice concerned any payment he has received in excess of the amount permitted under any rules made under section 130W within such time as the Attorney-General may specify; and

(c)

the foreign lawyer concerned to cease doing any act in his capacity as a managing partner, a managing director or a manager of the Singapore law practice concerned.

[19/2008]

(4A) Where a Singapore law practice applies for an approval under section 130L(6) in respect of a foreign law practice, the Attorney-General may require the Singapore law practice making the application, the foreign law practice and any partner or director of the Singapore law practice or foreign law practice to provide such undertakings as the Attorney-General thinks fit to prevent any direct or indirect circumvention of section 130L or any condition under section 130L(7).

(4B) Where any Singapore law practice, foreign law practice or partner or director referred to in subsection (4A) has contravened section 130L or any undertaking provided by the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) under subsection (4A) —

(a)

the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) shall without delay notify the Attorney-General in writing of the contravention;

(b)

the partner or director concerned shall, if he is a partner or director of the Singapore law practice concerned, immediately cease to exercise his voting rights as a shareholder or partner in the Singapore law practice concerned;

(c)

subject to any direction issued by the Attorney-General under subsection (4D)(b), the foreign law practice concerned shall as soon as practicable repay to the Singapore law practice concerned any payment it has received in excess of the amount permitted under any rules made under section 130W;

(d)

the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) shall take all reasonable steps to remove the circumstances giving rise to the contravention; and

(e)

the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) shall comply with any directions issued by the Attorney-General under subsections (4C) and (4D).

(4C) Where any Singapore law practice, foreign law practice or partner or director referred to in subsection (4A) has contravened section 130L or any undertaking required under subsection (4A), the Attorney-General may —

(a)

cancel the approval under section 130L(6) in respect of the foreign law practice concerned; and

(b)

issue directions to the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) to ensure compliance with section 130L.

(4D) Without prejudice to the generality of subsection (4C)(b), the Attorney-General may direct the foreign law practice concerned —

(a)

to divest itself of any shares it may have in the Singapore law practice concerned within such time as the Attorney-General may specify; and

(b)

to repay to the Singapore law practice concerned any payment the foreign law practice has received in excess of the amount permitted under any rules made under section 130W within such time as the Attorney-General may specify.

issued in writing and shall specify the provision under section 130L or the undertaking provided under this section that has been contravened; and

(b)

sent to the person or law practice to which it relates at the last known address of that person or law practice.

[19/2008]

Registration of solicitor to practise Singapore law in Joint Law Venture or its constituent foreign law practice, Qualifying Foreign Law Practice or licensed foreign law practice

130N.

—(1) An application may be made for a solicitor to be registered by the Attorney-General to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, if the solicitor possesses such qualifications and satisfies such requirements as may be prescribed.

[19/2008]

(2) The Attorney-General may approve an application under subsection (1), and register a solicitor to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(3) Subject to subsection (4), a solicitor who is registered by the Attorney-General to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice —

(a)

may practise Singapore law in, and only in, such areas of legal practice as may be prescribed; and

(b)

shall be entitled to such other privileges as may be prescribed.

[8/2011 wef 03/05/2011]

(4) A solicitor shall not be entitled to practise Singapore law under subsection (3) unless he has in force a practising certificate.

[8/2011 wef 03/05/2011]

(5) [Deleted by Act 8/2011 wef 03/05/2011]

(6) [Deleted by Act 8/2011 wef 03/05/2011]

(7) Where a solicitor registered by the Attorney-General under this section is permitted, under any rules made under section 130W or by the Attorney-General, to practise concurrently in a Singapore law practice, nothing in this section shall affect the practice of the solicitor in the Singapore law practice.

[19/2008]

Registration of solicitor to practise foreign law in Joint Law Venture or foreign law practice

130O.

—(1) An application may be made for a solicitor who does not have in force a practising certificate to be registered by the Attorney-General to practise foreign law in a Joint Law Venture or foreign law practice, if the solicitor possesses such qualifications and satisfies such requirements as may be prescribed.

[19/2008]

(2) The Attorney-General may approve an application under subsection (1), and register a solicitor to practise foreign law in a Joint Law Venture or foreign law practice, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

(3) A solicitor who is registered by the Attorney-General to practise foreign law in a Joint Law Venture or foreign law practice shall be entitled to such privileges as may be prescribed.

[19/2008]

(4) With effect from the relevant date, a solicitor who, immediately before the relevant date, was registered by the Attorney-General under any rules made under the repealed section 130H(c) as in force immediately before the relevant date shall be deemed to be registered under this section subject to the conditions referred to in subsection (2)(a) and such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

Application for and renewal of licence, registration or approval under this Part

130P.

—(1) An application for any licence, registration or approval under this Part shall be —

(a)

made to the Attorney-General in such form and manner as the Attorney-General may require; and

(b)

accompanied by —

(i)

such fee as may be prescribed; and

(ii)

such documents and information as the Attorney-General may require.

[19/2008]

(2) Any licence, registration or approval under this Part which is prescribed for the purposes of this subsection shall remain valid until it is suspended, revoked or cancelled in accordance with this Part.

[19/2008]

(3) Any licence, registration or approval under this Part which is prescribed for the purposes of this subsection shall, unless it is sooner suspended, revoked or cancelled in accordance with this Part, be valid for such period as the Attorney-General may specify.

[19/2008]

(4) The Attorney-General may renew any licence, registration or approval referred to in subsection (3) for such period as the Attorney-General may specify, on an application —

(a)

made to the Attorney-General in such form and manner as the Attorney-General may require; and

(b)

accompanied by —

(i)

such fee as may be prescribed; and

(ii)

such documents and information as the Attorney-General may require.

[19/2008]

(5) The Attorney-General may renew any licence, registration or approval referred to in subsection (3) subject to —

(a)

such conditions as may be prescribed for the renewal of that type of licence, registration or approval; and

(b)

such conditions as the Attorney-General may think fit to impose in any particular case.

[19/2008]

Compliance with guidelines, directions, undertakings and conditions

130Q.

—(1) The Attorney-General may require any person making an application for any licence, registration or approval under this Part to provide such undertakings as he thinks fit to prevent any direct or indirect circumvention of the provisions of this Part.

[19/2008]

(2) The Attorney-General may, from time to time, issue guidelines relating to any licence, registration or approval under this Part.

[19/2008]

(3) Where any requirement of any guideline issued under this section conflicts with any requirement specified in this Part, the latter shall prevail.

[19/2008]

(4) The Attorney-General shall cause all guidelines issued under this section to be published in such manner as will give persons to whom, or entities to which, the guidelines relate adequate notice of the requirements specified therein.

[19/2008]

(5) It shall be a condition of every licence, registration or approval under this Part that the person or entity licensed, registered or granted approval shall comply with the requirements of this Part, including any guideline issued under this section and any undertaking provided under this section or section 130M.

[19/2008]

(6) The Attorney-General may, if he is satisfied that any person or entity licensed, registered or granted approval under this Part has contravened any provision of this Part, any guideline issued under this section or any undertaking provided under this section or section 130M, issue directions to that person or entity to ensure compliance by that person or entity.

issued in writing and shall specify the provision of this Part or the guideline issued under this section or the undertaking provided under this section or section 130M that has been contravened; and

(b)

sent to the person or entity to which it relates at the last known address of that person or entity.

[19/2008]

(8) The Attorney-General may cancel the licence, registration or approval in respect of any person or entity under this Part if that person or entity fails to comply with any condition of the licence, registration or approval of that person or entity under this Part or with any direction of the Attorney-General issued under subsection (6) or section 130M.

[19/2008]

(9) Where the registration, certification or approval of any person, foreign law practice, Joint Law Venture, Formal Law Alliance or representative office under the repealed Part IXA as in force at any time before the relevant date (referred to in this subsection as the former registration, certification or approval) is deemed to be a licence, a registration or an approval under this Part by any provision of this Part or any rules made under section 130W —

(a)

the deemed licence, registration or approval shall, unless the Attorney-General otherwise determines, be subject to both —

(i)

the same conditions (if any) that applied to the former registration, certification or approval; and

subsections (5), (6) and (8) shall apply to any guideline or direction issued by the Attorney-General and any undertaking given by any person, before the relevant date in respect of the former registration, certification or approval, as if those guidelines, directions or undertakings were guidelines issued under this section or directions issued under subsection (6) or undertakings provided under this section, respectively.

[19/2008]

(10) For the avoidance of doubt, a reference to guidelines in this section includes a reference to notices, guidance notes or other similar communications by whatever name called.

[19/2008]

Disciplinary control over foreign lawyers and solicitors registered under this Part, etc.

130R.

—(1) Without prejudice to Part VII, a complaint may be made to the Attorney-General under this section in respect of the conduct of —

(a)

a foreign lawyer or a solicitor registered by the Attorney-General under this Part; or

(b)

a foreign lawyer granted the approval of the Attorney-General under section 130L(1).

(2) Every complaint made under this section shall be in writing and be supported by a statutory declaration setting out —

(a)

the name, address and occupation of the complainant;

(b)

the name and address of the foreign lawyer or solicitor complained against;

(c)

the grounds of the complaint; and

(d)

the evidence of the alleged misconduct.

[19/2008]

(3) The Attorney-General may, in his discretion, waive any requirement in subsection (2).

[19/2008]

(4) Where the Attorney-General has received under this section any complaint in respect of the conduct of a foreign lawyer registered by the Attorney-General under section 130K or granted the approval of the Attorney-General under section 130L(1) or of a solicitor registered by the Attorney-General under section 130O, or where any information is brought to the knowledge of the Attorney-General which satisfies the Attorney-General that there may be grounds for such a complaint, the Attorney-General may, if he is of the opinion that there is sufficient reason for doing so —

(a)

cancel or suspend, for such period as he may think fit, the registration of the foreign lawyer under section 130K or of the solicitor under section 130O, or revoke or suspend, for such period (not exceeding 5 years) as he may think fit, the approval of the foreign lawyer under section 130L(1), as the case may be;

(4A) Where the Attorney-General has received under this section any complaint in respect of the conduct of a foreign lawyer registered by the Attorney-General under section 130I, or where any information is brought to the knowledge of the Attorney-General which satisfies the Attorney-General that there may be grounds for such a complaint, the Attorney-General may —

(a)

if he considers it appropriate, refer the complaint or information to the Society under section 85(3) read with section 82B(3), instead of proceeding in accordance with this section; or

(b)

if he decides to proceed in accordance with this section and is of the opinion that there is sufficient reason for doing so —

(i)

cancel or suspend, for such period as he may think fit, the registration of the foreign lawyer under section 130I;

(5) Where the Attorney-General has received under this section any complaint in respect of the conduct of a solicitor registered by the Attorney-General under section 130N, or where any information is brought to the knowledge of the Attorney-General which satisfies the Attorney-General that there may be grounds for such a complaint, the Attorney-General may —

(a)

if he considers it appropriate, refer the complaint or information to the Society under section 85(3) instead of proceeding in accordance with this section; or

(b)

if he decides to proceed in accordance with this section and is of the opinion that there is sufficient reason for doing so —

(i)

cancel or suspend, for such period as he may think fit, the registration of the solicitor under section 130N;

(6) If the foreign lawyer or solicitor concerned fails to pay a penalty imposed under subsection (4)(b) or (d), (4A)(b)(ii) or (iv) or (5)(b)(ii) or (iv) within such time as the Attorney-General may specify, the Attorney-General may cancel or suspend, for such period as the Attorney-General may think fit, the registration of that foreign lawyer under section 130I or 130K or of that solicitor under section 130N or 130O, or revoke or suspend, for such period (not exceeding 5 years) as the Attorney-General may think fit, the approval of that foreign lawyer under section 130L(1), as the case may be.

(7) Before taking any action against a foreign lawyer or a solicitor under subsection (4), (4A)(b), (5)(b) or (6), the Attorney-General shall give the foreign lawyer or solicitor concerned not less than 14 days to make representations in writing.

[19/2008]

[8/2011 wef 03/05/2011]

(8) In respect of any action or order under this section, any determination or application by the Attorney-General, on the facts and in the circumstances of the case before him, of any rules of an applicable jurisdiction relating to the professional conduct or ethics of the foreign lawyer or solicitor concerned shall be final and binding on that foreign lawyer.

[19/2008]

(9) Subject to section 85(3A), any action, order or determination taken or made by the Attorney-General under this section shall not in any way affect the power or authority of the Society, or of any other relevant professional disciplinary body (whether in Singapore or in any state or territory outside Singapore), to take such action as it deems appropriate against the solicitor concerned in respect of the same conduct.

[19/2008]

[8/2011 wef 03/05/2011]

(9A) Subject to section 85(3A) read with section 82B(3), any action, order or determination taken or made by the Attorney-General under this section shall not in any way affect the power or authority of the Society, or of any other relevant professional disciplinary body (whether in Singapore or in any state or territory outside Singapore), to take such action as it deems appropriate against the foreign lawyer concerned in respect of the same conduct.

[8/2011 wef 03/05/2011]

(10) Where a foreign lawyer who was registered under this Part in force immediately before the relevant date is deemed under section 130I(6) or 130K(4) to be registered under section 130I or 130K, as the case may be, and any complaint is made, whether before, on or after the relevant date, in respect of any conduct of the foreign lawyer before the relevant date —

(a)

the Attorney-General may, on or after the relevant date, deal with that complaint in accordance with this section; and

(b)

any proceedings in respect of that complaint under section 130O as in force immediately before the relevant date which are pending immediately before the relevant date shall continue, on or after the relevant date, as proceedings under this section.

[19/2008]

[8/2011 wef 03/05/2011]

Attorney-General’s decision final, etc.

130S.

—(1) Any decision made by the Attorney-General under this Part shall be final and conclusive.

[19/2008]

(2) The Attorney-General may, if he is satisfied that it is in the public interest to do so, vary or revoke any condition imposed by him under this Part.

[19/2008]

Failure to apply for licence, register or furnish information

130T.

—(1) Where —

(a)

a foreign law practice and a Singapore law practice are required to obtain a Joint Law Venture licence but fail to apply for the licence;

(b)

a foreign law practice is required to obtain a Qualifying Foreign Law Practice licence or foreign law practice licence but fails to apply for the licence; or

(c)

a Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice, or a foreign law practice, fails to furnish any particulars or information required under this Part,

then the rights of the Joint Law Venture or foreign law practice under or arising out of any contract in relation to the legal services provided through the office or place of business in Singapore of the Joint Law Venture or foreign law practice (as the case may be) shall not be enforceable in legal proceedings in the name of the Joint Law Venture or foreign law practice.

[19/2008]

(2) Where a foreign lawyer —

(a)

is required to be registered by the Attorney-General under section 130I or 130K but fails to apply for such registration; or

[8/2011 wef 03/05/2011]

(b)

fails to furnish any particulars or information required under this Part,

then the rights of the foreign lawyer under or arising out of any contract in relation to the legal services provided through the office or place of business in Singapore of the Joint Law Venture, foreign law practice or Singapore law practice (as the case may be) in which he is employed or is practising law shall not be enforceable in legal proceedings in the name of the foreign lawyer or of the Joint Law Venture, foreign law practice or Singapore law practice.

[19/2008]

(3) Where a solicitor who practises in a Joint Law Venture or foreign law practice —

(a)

is required to be registered by the Attorney-General under section 130N or 130O but fails to apply for such registration; or

(b)

fails to furnish any particulars or information required under this Part,

then the rights of the solicitor under or arising out of any contract in relation to the legal services provided through the office or place of business in Singapore of the Joint Law Venture or foreign law practice (as the case may be) in which he is employed or is practising law shall not be enforceable in legal proceedings in the name of the lawyer or the Joint Law Venture or foreign law practice.

[19/2008]

Civil penalty

130U.

—(1) Any person (including a Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice) that contravenes any provision in this Part shall be liable to pay a civil penalty in accordance with this section.

[19/2008]

(2) Whenever it appears to the Attorney-General that any such person has contravened any provision in this Part, the Attorney-General may bring an action in a court to seek an order for a civil penalty in respect of that contravention against —

(a)

that person;

(b)

the foreign law practice or Singapore law practice in which that person is a partner, a director, a consultant or an employee;

(c)

the Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice, in which that person is practising; or

(d)

the Formal Law Alliance or any foreign law practice or Singapore law practice which is a member thereof and in which that person is practising.

[19/2008]

(3) If the court is satisfied on a balance of probabilities that the person has contravened a provision in this Part, the court may make an order for the payment of a civil penalty against —

(a)

the person, being an individual, of a sum not exceeding $50,000; or

(b)

the foreign law practice, Singapore law practice, Joint Law Venture or Formal Law Alliance against which the action is brought under subsection (2), of a sum not exceeding $100,000.

[19/2008]

(4) Notwithstanding subsection (3), where an action has been brought against a person or a foreign law practice, Singapore law practice, Joint Law Venture or Formal Law Alliance (referred to in this section as the defendant), the court may make an order against the defendant if the Attorney-General has agreed to allow the defendant to consent to the order with or without admission of a contravention of a provision in this Part and the order may be made on such terms as may be agreed between the Attorney-General and the defendant.

[19/2008]

(5) Nothing in this section shall be construed to prevent the Attorney-General from entering into an agreement with the defendant to pay, with or without admission of liability, a civil penalty within the limits referred to in subsection (3) for a contravention of any provision in this Part.

[19/2008]

(6) A civil penalty imposed under this section shall be payable to the Consolidated Fund.

[19/2008]

(7) If the defendant fails to pay the civil penalty imposed on him within the time specified in the court order referred to in subsection (3) or (4) or specified under the agreement referred to in subsection (5), the Attorney-General may recover the civil penalty as though the civil penalty were a judgment debt due to the Government.

regulate and prescribe the procedure and practice to be followed in respect of proceedings under this section; and

(b)

provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings.

[19/2008]

(9) This section shall apply notwithstanding that any disciplinary action has been taken against the foreign lawyer or solicitor concerned under any other provision of this Act or by any professional disciplinary body (whether in Singapore or in any state or territory outside Singapore).

[19/2008]

Liability of partners, directors and shareholders

130V. Where a Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice is proved to have contravened any provision in this Part, every partner, director and shareholder of the Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice (as the case may be) at the time of the contravention shall be deemed to have contravened the provision, unless he proves that —

(a)

the contravention occurred without his consent or connivance; and

(b)

he exercised such diligence to prevent the contravention as he ought to have exercised having regard to the nature of his function in that capacity and to all the circumstances.

[19/2008]

Rules

130W.

—(1) The Minister may, after consulting the Attorney-General, make such rules as may be necessary or expedient for the purposes of this Part.

[19/2008]

(2) Without prejudice to the generality of subsection (1), the Minister may, after consulting the Attorney-General, make rules —

(a)

to prescribe anything which may be prescribed under this Part;

(b)

to prescribe the experience and expertise required for eligibility to apply for a Joint Law Venture licence or a Formal Law Alliance licence;

(c)

to prescribe the manner or means by which a Joint Law Venture or a Formal Law Alliance may conduct its business or publicise itself;

(d)

to provide for any provision of this Act (other than this Part) to apply, with such modifications as may be specified, to —

(i)

a constituent Singapore law practice of a Joint Law Venture;

(ii)

a Singapore law practice which is a member of a Formal Law Alliance;

[8/2011 wef 03/05/2011]

(iii)

a solicitor practising in —

(A)

a constituent foreign law practice or constituent Singapore law practice of a Joint Law Venture; or

(B)

a foreign law practice or Singapore law practice which is a member of a Formal Law Alliance; or

to prescribe the qualifications, experience and expertise required of a foreign lawyer for eligibility to apply for registration under section 130I or 130K;

[8/2011 wef 03/05/2011]

(f)

to prescribe the conditions that a foreign lawyer registered under section 130I or 130K must comply with;

[8/2011 wef 03/05/2011]

(g)

to specify the type of Singapore law practice at which a foreign lawyer registered under section 130I or 130K may practise, including the areas of practice of the Singapore law practice;

[8/2011 wef 03/05/2011]

(h)

to prescribe the institutions of higher learning and the qualifications conferred thereby which may be recognised for the purposes of section 130I;

[8/2011 wef 03/05/2011]

(i)

to prescribe the courses of instruction, and the subjects therein, which a foreign lawyer must attend and satisfactorily complete before he can be registered under section 130I;

[8/2011 wef 03/05/2011]

(j)

to prescribe the examinations which a foreign lawyer must pass before he can be registered under section 130I;

[8/2011 wef 03/05/2011]

(k)

to specify the minimum standard of attainment to be achieved by a foreign lawyer in relation to the qualifications referred to in paragraph (h), examinations referred to in paragraph (i) or courses referred to in paragraph (j);

(l)

to require a foreign lawyer referred to in section 130I to have practised as a partner, a director or an employee in a Singapore law practice for a minimum period, and to specify any requirements as to the type of Singapore law practice at which the foreign lawyer must have practised, including any area of practice of the Singapore law practice;

[8/2011 wef 03/05/2011]

(m)

to prescribe any condition for eligibility to apply for any licence, registration or approval under this Part;

(n)

to provide, without prejudice to the generality of section 130P, for the making of any application for any licence, registration or approval under this Part, or for the renewal of any such licence, registration or approval, and for all other related matters;

(o)

to provide for —

(i)

the payment of fees for —

(A)

any application for, issue of or renewal of any licence under this Part;

(B)

any application for or renewal of any registration or approval under this Part; and

(C)

any matter related or incidental to any such application, issue or renewal; and

(ii)

all other matters related thereto;

[8/2011 wef 03/05/2011]

(p)

to provide for the cancellation, suspension or revocation of any licence, registration or approval under this Part;

(q)

to require the submission of information and particulars relating to any Joint Law Venture, Formal Law Alliance, Qualifying Foreign Law Practice, foreign law practice, representative office, foreign lawyer or solicitor licensed or registered under this Part or granted the approval of the Attorney-General under section 130L(1) or (6), or required to be so licensed or registered or to obtain such approval, and any person practising in or employed by any such Joint Law Venture, Formal Law Alliance, Qualifying Foreign Law Practice, foreign law practice or representative office;

to provide for the form and manner in which registers of Joint Law Ventures, Formal Law Alliances, Qualifying Foreign Law Practices, foreign law practices, representative offices, foreign lawyers and solicitors licensed or registered under this Part are to be kept;

(s)

to provide for the form and manner in which registers of approvals of the Attorney-General under section 130L(1) or (6) are to be kept;

to provide for the issuance and amendment of licences, foreign practitioner certificates, certificates of registration, certificates of approval or certificates of good standing and certified true copies thereof, and for the payment of fees in relation thereto;

[8/2011 wef 03/05/2011]

(u)

for regulating the professional conduct, ethics and disciplinary control of Joint Law Ventures, Formal Law Alliances, Qualifying Foreign Law Practices, foreign law practices, foreign lawyers and solicitors licensed or registered under this Part or granted the approval of the Attorney-General under section 130L(1) or (6), including the imposition of compulsory insurance cover and financial controls;

to exempt any person or entity, or any class of persons or entities, from any provision of this Part or of any rules made under section 74(3) or 75B(3); and

[8/2011 wef 03/05/2011]

(z)

to make such transitional, savings or other consequential provisions as the Minister considers necessary or expedient.

[19/2008]

Powers of Minister in relation to registration requirements

130X.

—(1) Without prejudice to section 130W(2)(y), upon an application made to the Minister by any foreign lawyer, the Minister may, after consulting the Attorney-General, exempt the foreign lawyer from all or any, and from the whole or any part of any, of the requirements under any rules made under section 130W(2)(e), (i), (j), (k) and (l), if the Minister is of the opinion that the foreign lawyer is, by reason of his standing and experience or for any other cause, a fit and proper person to be so exempted.

may be subject to such conditions as the Minister may, after consulting the Attorney-General, think fit to impose by notice in writing to the person;

(b)

shall be notified in writing to the person; and

(c)

need not be published in the Gazette.

[8/2011 wef 03/05/2011]

PART X

MISCELLANEOUS

General provision as to rules

131. All rules made under the provisions of this Act shall be presented to Parliament as soon as possible after publication in the Gazette.

Offices of Institute and Society

132.

—(1) The Institute and the Society shall each at all times keep and maintain an office and the address of the office and any change thereof shall be published by the Institute and the Council respectively in the Gazette.

[8/2011 wef 03/05/2011]

(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications required or authorised or ordered to be served on or delivered or sent to the Institute, the Society or the Council shall be deemed to be duly served, delivered or sent if left at the office of the Institute or the Society, as the case may be.

[8/2011 wef 03/05/2011]

Service of documents

133.

—(1) Any document, other than process of court that is required to be served or delivered under this Act, may be sent by post.

(2) A certificate in writing signed by an officer of the Society or the Institute, a member of the Council or a member of the Board of Directors of the Institute that that document was properly addressed and posted and setting out the date of its posting shall be prima facie evidence of service thereof.

[8/2011 wef 03/05/2011]

(3) Any document addressed to an advocate and solicitor at his only or principal address last appearing in the register of practitioners shall be deemed to be properly addressed.

Recovery of moneys by Institute and Society

134. In addition to any other method of recovery and to any other right, remedy or power vested in the Institute or in the Society or the Council —

(a)

any sum of money payable to the Institute under this Act may be recovered by the Institute as a debt in any court of competent jurisdiction; and

(b)

any sum of money payable to the Society or the Council under this Act may be recovered by the Society as a debt in any court of competent jurisdiction.

[8/2011 wef 03/05/2011]

Rules Committee to prescribe certain fees and costs

135.The Rules Committee may, from time to time, make rules to prescribe —

—(1) Subject to this section, no bank shall, in connection with any transaction on account of any solicitor or law corporation or limited liability law partnership kept with it or with any other bank (other than an account kept by a solicitor as trustee for a specified beneficiary), incur any liability or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it.

[4/2000; 41/2005]

(2) Nothing in subsection (1) shall relieve a bank from any liability or obligation under which it would be apart from section 73 or this section.

(3) Notwithstanding subsection (1), a bank at which a solicitor or law corporation or limited liability law partnership keeps an account for clients’ moneys shall not, in respect of any liability of the solicitor or law corporation or limited liability law partnership to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of set-off, counterclaim, charge or otherwise, against moneys standing to the credit of that account.

[4/2000; 41/2005]

Jurisdiction of court

137. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.

in connection with that solicitor’s practice or in connection with any trust of which that solicitor is or formerly was a trustee;

(b)

the Council considers that there has been undue delay on the part of the personal representatives of a deceased solicitor who immediately before his death was practising as a sole solicitor in connection with that solicitor’s practice or in connection with any trust of which that solicitor was the sole trustee or was co-trustee only with one or more of his partners or employees;

a solicitor has been adjudicated bankrupt or he has made a composition or an arrangement with his creditors;

(e)

a solicitor has one or more outstanding judgments against him amounting in the aggregate to $100,000 which he has been unable to satisfy within 6 months from the date of the earliest judgment;

(f)

a solicitor has been committed to prison in any civil or criminal proceedings;

(g)

the Council is satisfied that a sole solicitor is incapacitated by illness or accident, or by any physical or mental condition, to such an extent as to be unable to attend to his practice;

(ga)

the fitness of a sole proprietor to practise has been determined under section 25C to be impaired by reason of his physical or mental condition, or a sole proprietor, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so;

(h)

a solicitor lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor;

the name of a solicitor has been removed from or struck off the roll or a solicitor has been suspended from practice;

(j)

the Council is satisfied that a sole solicitor has abandoned his practice; or

(k)

the Council is satisfied that a person has acted as a solicitor at a time when he did not have a practising certificate which was in force.

(2) The powers conferred by Part II shall only be exercisable under sub-paragraph (1)(c) if the Society has given the solicitor notice in writing that the Council is satisfied that he has contravened the rules specified in the notice and also (at the same or any later time) notice that the powers conferred by Part II are accordingly exercisable in his case.

2. On the death of a sole solicitor, paragraphs 10, 11 and 12 shall apply to the client accounts, conveyancing accounts (if any) and conveyancing (CPF) accounts (if any) of his practice.

3. The powers conferred by Part II shall also be exercisable, subject to paragraph 9(4), where —

(a)

a complaint is made to the Society that there has been undue delay on the part of a solicitor in connection with any matter in which the solicitor or his firm was instructed on behalf of a client or with any controlled trust;

(b)

the Society by notice in writing invites the solicitor to give an explanation within a period of not less than 8 days specified in the notice;

(c)

the solicitor fails within that period to give an explanation which the Council regards as satisfactory; and

(d)

the Society gives notice of the failure to the solicitor and (at the same or any later time) notice that the powers conferred by Part II are accordingly exercisable.

4.—(1) Where the powers conferred by Part II are exercisable in relation to a solicitor, they shall continue to be exercisable after his death or after his name has been removed from or struck off the roll.

(2) The references to the solicitor or his firm in paragraphs 9(1), 10(2) and (3), 12 and 13(1) and (5) include, in any case where the solicitor has died, references to his personal representatives.

Law corporation

5.—(1) Subject to sub-paragraph (2), where —

(a)

the Council is satisfied that a law corporation has contravened —

(i)

any rules made under section 72 which are applicable to the law corporation by virtue of that section; or

a person has been appointed receiver or manager of property of a law corporation;

(c)

a winding up order, or an order for judicial management under the Companies Act (Cap. 50), has been made with respect to a law corporation or a resolution for voluntary winding up has been passed with respect to a law corporation (other than a resolution passed solely for the purposes of its reconstruction or of its amalgamation with another company); or

(d)

the Council has reason to suspect dishonesty on the part of any officer or employee of a law corporation in connection with that law corporation’s business or in connection with any trust of which that corporation is or formerly was a trustee,

the powers conferred by Part II shall be exercisable in relation to the law corporation and its business in like manner as they are exercisable in relation to a solicitor and his practice.

(2) Those powers shall only be exercisable by virtue of sub-paragraph (1)(a) if the Society has given the law corporation notice in writing that the Council is satisfied that the law corporation has contravened the rules specified in the notice and also (at the same or any later time) notice that those powers are accordingly exercisable in its case by virtue of sub-paragraph (1)(a).

6. The powers conferred by Part II shall also be exercisable as mentioned in paragraph 5(1) where —

(a)

a complaint is made to the Society that there has been undue delay on the part of a law corporation in connection with any matter in which it was instructed on behalf of a client or with any controlled trust;

(b)

the Society by notice in writing invites the law corporation to give an explanation within a period of not less than 8 days specified in the notice;

(c)

the law corporation fails within that period to give an explanation which the Council regards as satisfactory; and

(d)

the Society gives notice of the failure to the law corporation and (at the same or any later time) notice that the powers conferred by Part II are accordingly exercisable.

7.—(1) Where the registration of a law corporation has been cancelled under section 81K, the powers conferred by Part II shall be exercisable in relation to the law corporation and its former business as a law corporation as they are exercisable in relation to a solicitor and his practice.

(2) Where the powers conferred by Part II are exercisable in relation to a law corporation in accordance with paragraph 5 or 6, they shall continue to be so exercisable after that law corporation’s registration has been cancelled or has otherwise ceased to be in force.

8. In connection with the application of Part II to a law corporation in that Part —

(a)

any reference to the solicitor or to his practice shall be construed as including a reference to the law corporation in relation to which the powers conferred by that Part are exercisable by virtue of paragraph 5, 6 or 7(1) or to its business (or former business) as a law corporation;

(b)

any reference to paragraph 1 shall be construed as including a reference to paragraph 5 or 7(1); and

(c)

any reference to paragraph 3 shall be construed as including a reference to paragraph 6.

a person has been appointed receiver or manager of property of a limited liability law partnership;

(c)

a winding up order under the Limited Liability Partnerships Act (Cap. 163A) has been made with respect to a limited liability law partnership or a resolution for voluntary winding up has been passed with respect to a limited liability law partnership; or

(d)

the Council has reason to suspect dishonesty on the part of any partner or employee of a limited liability law partnership in connection with that limited liability law partnership’s business or in connection with any trust of which that limited liability law partnership is or formerly was a trustee,

the powers conferred by Part II shall be exercisable in relation to the limited liability law partnership and its business in like manner as they are exercisable in relation to a solicitor and his practice.

(2) Those powers shall only be exercisable by virtue of sub-paragraph (1)(a) if the Society has given the limited liability law partnership notice in writing that the Council is satisfied that the limited liability law partnership has contravened the rules specified in the notice and also (at the same or any later time) notice that those powers are accordingly exercisable in its case by virtue of sub-paragraph (1)(a).

8B. The powers conferred by Part II shall also be exercisable as mentioned in paragraph 8A(1) where —

(a)

a complaint is made to the Society that there has been undue delay on the part of a limited liability law partnership in connection with any matter in which it was instructed on behalf of a client or with any controlled trust;

(b)

the Society by notice in writing invites the limited liability law partnership to give an explanation within a period of not less than 8 days specified in the notice;

(c)

the limited liability law partnership fails within that period to give an explanation which the Council regards as satisfactory; and

(d)

the Society gives notice of the failure to the limited liability law partnership and (at the same or any later time) notice that the powers conferred by Part II are accordingly exercisable.

8C.—(1) Where the registration of a limited liability law partnership has been cancelled under section 81Y, the powers conferred by Part II shall be exercisable in relation to the limited liability law partnership and its former business as a limited liability law partnership as they are exercisable in relation to a solicitor and his practice.

(2) Where the powers conferred by Part II are exercisable in relation to a limited liability law partnership in accordance with paragraph 8A or 8B, they shall continue to be so exercisable after that limited liability law partnership’s registration has been cancelled or has otherwise ceased to be in force.

8D. In connection with the application of Part II to a limited liability law partnership in that Part —

(a)

any reference to the solicitor or to his practice shall be construed as including a reference to the limited liability law partnership in relation to which the powers conferred by that Part are exercisable by virtue of paragraph 8A, 8B or 8C(1) or to its business (or former business) as a limited liability law partnership;

(b)

any reference to paragraph 1shall be construed as including a reference to paragraph 8A or 8C(1); and

(c)

any reference to paragraph 3 shall be construed as including a reference to paragraph 8B.

Part II

Powers Exercisable on Intervention

Money

9.—(1) The High Court may, on the application of the Society, order that no payment shall be made without the leave of the Court by any person (whether or not named in the order) of any money held by him (in whatever manner and whether it was received before or after the making of the order) on behalf of the solicitor or his firm.

(2) No order under this paragraph shall take effect in relation to any person to whom it applies unless the Society has served a copy of the order on him (whether or not he is named in it) and, in the case of a bank, has indicated at which of its branches the Society believes that the money to which the order relates is held.

(3) A person shall not be treated as having disobeyed an order under this paragraph by making a payment of money if he satisfies the High Court that he exercised due diligence to ascertain whether it was money to which the order related but nevertheless failed to ascertain that the order related to it.

(4) This paragraph shall not apply where the powers conferred by this Part are exercisable by virtue of paragraph 3.

10.—(1) Without prejudice to paragraph 9, if the Council passes a resolution to the effect that any sums of money to which this paragraph applies, and the right to recover or receive such sums, shall vest in the Society, all such sums shall vest accordingly (whether they were received by the person holding them before or after the Council’s resolution) and shall be held by the Society on trust to exercise in relation to them the powers conferred by this Part and subject thereto upon trust for the persons beneficially entitled to them.

(2) This paragraph shall apply —

(a)

where the powers conferred by this paragraph are exercisable, by virtue of paragraph 1, to all sums of money held by or on behalf of the solicitor or his firm in connection with his practice or with any trust of which he is or formerly was a trustee;

(b)

where the powers conferred by this paragraph are exercisable by virtue of paragraph 2, to all sums of money in any client account, conveyancing account or conveyancing (CPF) account; and

where the powers conferred by this paragraph are exercisable by virtue of paragraph 3, to all sums of money held by or on behalf of the solicitor or his firm in connection with the trust or other matter to which the complaint relates.

(3) The Society shall serve on the solicitor or his firm and on any other person having possession of sums of money to which this paragraph applies a certified copy of the Council’s resolution and a notice prohibiting the payment out of any such sums of money.

(4) Within 14 days of the service of a notice under sub-paragraph (3), the person on whom it was served may, on giving not less than 48 hours’ notice in writing to the Society and (if the notice gives the name of the solicitor instructed by the Society) to that solicitor, apply to the High Court for an order directing the Society to withdraw the notice.

(5) If the High Court makes such an order, it shall have power also to make such other order with respect to the matter as it may think fit.

(6) If any person on whom a notice has been served under sub-paragraph (3) pays out sums of money at a time when the payment is prohibited by the notice, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

11.—(1) If the Society takes possession of any sum of money to which paragraph 10 applies, the Society shall pay it into a special account in the name of the Society or of a person nominated on behalf of the Society, and that person shall hold that sum on trust to permit the Society to exercise in relation to it the powers conferred by this Part and subject thereto on trust for the persons beneficially entitled to it.

(2) A bank at which a special account is kept shall be under no obligation to ascertain whether it is being dealt with properly.

(3) Any moneys paid into a special account under sub-paragraph (1) which have not been claimed for a period of 6 years shall be paid by the Society into the Compensation Fund maintained under section 75.

(4) If any claimant makes any demand against the Society for any amount of unclaimed moneys paid into the Compensation Fund under sub-paragraph (3), the Society may pay that amount free of interest to the claimant out of the Compensation Fund.

12. Without prejudice to paragraphs 9, 10 and 11, if the High Court is satisfied, on an application by the Society, that there is reason to suspect that any person holds money on behalf of the solicitor or his firm, the Court may require that person to give the Society information as to that money and the accounts in which it is held.

Documents

13.—(1) The Society may give notice to the solicitor or his firm requiring the production or delivery to any person appointed by the Society at a time and place to be fixed by the Society —

(a)

where the powers conferred by this Part are exercisable by virtue of paragraph 1, of all documents in the possession of the solicitor or his firm in connection with his practice or with any controlled trust; and

(b)

where the powers conferred by this Part are exercisable by virtue of paragraph 3, of all documents in the possession of the solicitor or his firm in connection with the trust or other matters to which the complaint relates (whether or not they relate also to other matters).

(2) The person appointed by the Society may take possession of any such documents on behalf of the Society.

(3) Except in a case where an application has been made to the High Court under sub-paragraph (4), if any person having possession of any such documents refuses, neglects or otherwise fails to comply with a requirement under sub-paragraph (1), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(4) The High Court may, on the application of the Society, order a person required to produce or deliver documents under sub-paragraph (1) to produce or deliver them to any person appointed by the Society at such time and place as may be specified in the order, and authorise him to take possession of them on behalf of the Society.

(5) If, on an application by the Society, the High Court is satisfied that there is reason to suspect that documents in relation to which the powers conferred by sub-paragraph (1) are exercisable have come into the possession of some person other than the solicitor or his firm, the Court may order that person to produce or deliver the documents to a person appointed by the Society at such time and place as may be specified in the order and authorise him to take possession of them on behalf of the Society.

(6) On making an order under this paragraph, or at any later time, the High Court may, on the application of the Society, authorise a person appointed by the Society to enter any premises (using such force as is reasonably necessary) to search for and take possession of any documents to which the order relates.

(7) The Society may, on taking possession of any documents under this paragraph, serve upon the solicitor or his personal representatives and upon any other person from whom they were received on the Society’s behalf or from whose premises they were taken a notice that possession has been taken on the date specified in the notice.

(8) Subject to sub-paragraph (9), a person upon whom a notice under sub-paragraph (7) is served may, on giving not less than 48 hours’ notice to the Society and (if the notice gives the name of the solicitor instructed by the Society) to that solicitor, apply to the High Court for an order directing the Society to deliver the documents to such person as the applicant may require.

(10) Without prejudice to the foregoing provisions, the Society may apply to the High Court for an order as to the disposal or destruction of any documents in its possession by virtue of this paragraph.

(11) On an application under sub-paragraph (8) or (10), the High Court may make such order as it thinks fit.

(12) Except so far as its right to do so may be restricted by an order on an application under sub-paragraph (8) or (10), the Society may take copies of or extracts from any documents in its possession by virtue of this paragraph and require any person to whom it is proposed that those documents shall be delivered, as a condition precedent to delivery, to give a reasonable undertaking to supply copies or extracts thereof to the Society.

Trusts

14.—(1) If the solicitor or his personal representative is a trustee of a controlled trust, the Society may apply to the High Court for an order for the appointment of a new trustee in substitution of him.

15. The powers in relation to sums of money and documents conferred by this Part shall be exercisable notwithstanding any lien on them or right to their possession.

16. Subject to any order for the payment of costs that may be made on an application to the High Court under this Schedule, any costs incurred by the Society for the purposes of this Schedule, including, without prejudice to the generality of this paragraph, the costs of any person exercising powers under this Part on behalf of the Society shall be paid by the solicitor or his personal representatives and shall be recoverable from him or them as a debt owing to the Society.

17. Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be at